Top court dismisses Magashule bid against ANC suspension

The Constitutional Court has dismissed Ace Magashule’s latest application to appeal against his suspension as ANC secretary-general.

In a short judgment, the apex court ruled that Magashule had no prospects of successfully appealing against his suspension. This is his latest court defeat in his battle to regain his powerful position in the governing party.

His legal actions have failed at the high court, the Supreme

Court of Appeal (SCA) and now at the highest court.

The judgment states: “The Constitutional Court has considered the application for condonation [of a delay in his application for leave to appeal] and the application for leave to appeal.

“It has concluded that though there are no reasonable prospects of success on [the] merits of the application for leave to appeal, the delay in bringing the application for leave to appeal is minimal, the explanation for the delay is adequate and there is no prejudice to the respondents. Consequently, condonation is granted, but leave to appeal must be refused for lack of reasonable prospects of success.” Magashule was suspended from the ANC in May 2021, in line with the party’s step-aside rule, after failing to voluntarily vacate his position because of his legal challenges. The provision calls on those who are indicted in a court of law to voluntarily step aside until they have dealt with their legal woes, failing which they will face suspension.

Magashule is facing charges of fraud and corruption relating to a R255m asbestos roof tender awarded during his tenure as Free State premier. He approached the Constitutional Court after the failure of his bid at the SCA, which in January upheld the high court’s decision. He had sought to challenge his suspension on the basis that the step-aside rule was unconstitutional.

Magashule had pinned his hopes on the apex court declaring his suspension and the stepaside rule unlawful.

That way he would have been eligible to stand for an ANC top-six position at its conference in December.

Last week, the party’s policy conference rejected moves to scrap the rule, though it conceded its application was perhaps not entirely fair.

An amended version strengthening the step-aside provision has barred those facing criminal charges from standing for any leadership position in the party.

The party will open nominations for the December conference later this month. The Constitutional Court ruling means Magashule may not stand for positions he is rumoured to have earmarked, including election as party president and re-election as secretary-general.

LEAVE TO APPEAL MUST BE REFUSED FOR LACK OF REASONABLE PROSPECTS OF SUCCESS