Suspended ANC secretary-general Ace Magashule has accused a full bench of the Johannesburg high court of favouring President Cyril Ramaphosa when it upheld his suspension from the ruling ANC.
Last month, judges Jody Kollapen, Edwin Molahlehi and Sharise Weiner upheld the ANC’s decision to act against Magashule after he was asked to step aside from his post to face charges of fraud, corruption, theft and money laundering.
The charges arose from a R255m asbestos tender alleged to have been inappropriately awarded while he was premier of the Free State.
On Wednesday, advocate Dali Mpofu, who is representing Magashule, pleaded with the Supreme Court of Appeal (SCA) to hear his case. He said that should leave be granted to appeal, he would use Ramaphosa’s testimony before the state capture commission as new evidence. “For the sole purpose that he himself is guilty of corruption because he said he was aware of corruption for years and he kept quiet,” Mpofu said.
In May, ANC deputy secretary-general Jessie Duarte issued the suspension letter to Magashule, which he rejected, saying that as his deputy Duarte did not have the authority to do so.
The high court ruled that Magashule’s claim was invalid as Duarte was delegated to issue the letter by the party’s national executive committee and the national working committee, which are the highest decision-making bodies between conferences.
“I am talking about the specific issue of the authority of Ms Duarte. Remember that is a pivotal issue … which would determine whether the suspension was lawful or unlawful. So, prejudging that issue is just as good as prejudging the whole case, in a particular sense,” Mpofu said.
“All that Mr Magashule is doing is that he doesn’t go around in dark corners accusing the court of bias but not have the courage of his convictions to bring it here upfront,” he said.
Advocate Wim Trengove, on behalf of Ramaphosa, said Magashule had scandalously used the court as a platform to attack the president, and had not fully justified his attack on the bench. The appeal should be dismissed with costs, he said.
“There is no evidence to substantiate the claim. You [judges] did absolutely nothing wrong. You gave the ruling publicly and openly. It’s an unfounded attack,” Trengove said.
Advocate Ngwako Maenetje, for the ANC, said there was no basis for the SCA to hear the appeal and that it should be dismissed.
Judgment was reserved.
Magashule has accused the party’s top brass of selectively applying the ANC’s step-aside rule. Citing Ramaphosa’s recent cabinet reshuffle, the secretary-general said the president appointed some individuals who were facing serious corruption allegations because “they are part of the president’s fraction in the party”.
In court papers, Magashule named newly appointed finance minister Enoch Gondongwana, minister in the presidency Mondli Gungubele and deputy minister in the presidency Zizi Kodwa as examples. Ramaphosa has denied the allegations.
Magashule has called on other party members who have been asked to step aside in line with the ANC’s 54th national conference resolution to reject their suspension.
He was suspended amid Ramaphosa’s effort to clean up the party’s image, which has been tainted by a number of corruption scandals.
Ramaphosa told the Zondo commission in May that the ANC had lost votes due to voters dismay at graft in its ranks.
Magashule wants the case to be referred to the SCA, claiming that the judicial bias was one of the reasons that the high court ruled against him in favour of Ramaphosa and Duarte.
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