ADVOCATE Dali Mpofu SC, who is representing suspended ANC Secretary-General Ace Magashule, told the Johannesburg High Court on Thursday that it was unconstitutional of the ANC to suspend his client from his position and party activities.
Magashule has filed an application in the Johannesburg High Court to have his suspension from the party reversed.
Magashule’s core argument is that the “step aside” rule goes against both the party’s constitution and the country’s.
Mpofu also raised several concerns in arguments before the court in the case proper between Magashule against ANC President Cyril Ramaphosa, Deputy Secretary-General Jessie Duarte and the third respondent, the ANC.
Mpofu said his legal team was of the view that the litigants in this matter [the respondents: Ramaphosa, Duarte and the ANC] seem to think there are different rules for different people, in terms of treatment toward and from the court.
“We have here a situation where the litigants in question have flagrantly disregarded the very well-known rule in urgent applications the applicant determines the timetable,” said Mpofu.
“Respect is a two-way street. If our courts are going to give the impression to the public certain litigants … can just treat the court as if it’s a side office … then that is something to be deprecated. That is a sense of arrogance and entitlement,” said Mpofu, describing the respondents’ conduct in light of the timeline set out by Magashule in his urgent application.
Magashule’s lawyers are expected to wrap up arguments late on Thursday, with the ANC’s lawyers responding on Friday.
Meanwhile, the Johannesburg high court has dismissed with costs three applications by separate parties to be admitted as intervening parties in the case between ANC Secretary-General Ace Magashule and the ANC.
The intervention applications were meant to bolster Magashule’s case against the ANC’s decision to suspend him after he failed to voluntarily step down pending charges of corruption and fraud levelled against him.
Judge Jody Kollapen said that the applications were all filed after June 1, which was when the matter was initially set to be heard
Magashule is among eight people and five companies that face multiple charges of fraud, corruption and money laundering relating to the Free State multimillion-rand asbestos roofing audit contract.
The state alleges that between June 2015 and January 2016, Magashule either received or benefitted from unlawful payments of more than R1 million from the late Diamond Hill Trading director, Phikolomzi “Igo” Mpambani.
- Inside Politics
