ANC Secretary-General Ace Magashule has served his party with court papers challenging the constitutionality of its step-aside conference resolution, including the party’s national executive committee (NEC) decision last week to suspend him from his post.
This comes after last week’s NEC decision ordering Magashule to publicly apologise to the ANC for issuing a ‘suspension letter’ to President Cyril Ramaphosa, failing which he could face a disciplinary action.
Magashule was suspended for failing to step aside after he was given 30 days to do so as per the party’s NEC decision.
He faces fraud, theft and corruption charges stemming from an asbestos roofing tender during his tenure as Premier of the Free State Province.
In court papers seen by Inside Politics on Friday, Magashule asks the South Gauteng High Court to declare that the ANC’s step aside rule is unlawful, unconstitutional and invalid.
Magashule also wants the suspension letter he issued to Ramaphosa to be declared valid until lawfully nullified.
According to court papers, the matter will be heard on June 1, 2021 at 10am.
“The ANC step-aside rule 25.70 of the ANC constitution to be unlawful, unconstitutional, invalid and null. The suspension letter issued by ANC Deputy Secretary-General Jessie Duarte suspending him to be null/void, the suspension [of President Ramaphosa] by Magashule to be valid and effective until lawfully nullified and the instruction announced by Ramaphosa and the ANC for Magashule to apologize for issuing the suspension letter to Ramaphosa to be unlawful,” according to court papers.
“Setting aside or up-lifting the suspension of Magashule from his position as ANC secretary-general and any other position he held. Ordering any respondent who oppose this application to pay costs.”
- Inside Politics
