ANC to oppose Magashule's bid to declare his suspension unlawful

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Ace Magashule.
Ace Magashule.
Felix Dlangamandla, Gallo Images, Netwerk24
  • The ANC will oppose Ace Magashule's court bid to have his temporary suspension from the party overturned.
  • The ANC will use three senior advocates, the party announced on Monday.
  • Magashule supported corruption-accused former President Jacob Zuma at court on Monday, defying the step aside rules.

The ANC will oppose suspended secretary-general Ace Magashule's court application to have his temporary suspension lifted, with three senior advocates.

The ANC announced this in a brief statement released on Monday by party spokesperson Pule Mabe.

ANALYSIS | Five instances in Magashule's court application that make little sense

The statement read:

The African National Congress (ANC) National Officials met today, Monday, 17th of May 2021 and affirmed the decision to oppose the application lodged by the Secretary-General Comrade Ace Magashule to have, among others, his temporary suspension lifted.

The ANC has appointed Ledwaba Mazwai Attorneys as instructing attorneys supported by three senior counsels - advocates Wim Trengove, SC, Ngwako Maenetje SC, Fana Nalane SC - and junior counsel, advocate Buhle Lekokotla.

Instead of the apology the ANC demanded from Magashule for his letter "suspending" President Cyril Ramaphosa from the party, he served the ANC, Ramaphosa, and ANC deputy Secretary-General Jessie Duarte with court papers last week.

READ | Magashule asks court to reverse ANC suspension - and suspend Ramaphosa instead

Magashule asked the Gauteng High Court in Johannesburg to declare the ANC's "step aside" rule and his temporary suspension, "... to be unlawful, unconstitutional, invalid and null and/or void".

However, he also asks that his suspension of Ramaphosa is declared valid and effective until lawfully nullified and that the instruction for him to apologise to Ramaphosa for attempting to suspend him be declared, "... unlawful and unenforceable".

In defiance of the ANC's step aside rule, which prohibits a suspended member from speaking on behalf of the party, Magashule addressed a crowd outside the Pietermaritzburg High Court on Monday, after corruption-accused former President Jacob Zuma's appearance.

News24 reported that when asked about the ANC's instruction to him to disassociate from those charged with fraud and corruption, Magashule answered: "I am here to support president Zuma."

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