Magashule serves papers on ANC on step-aside rule

play article
Subscribers can listen to this article
Ace Magashule.
Ace Magashule.
Felix Dlangamandla, Gallo Images, Netwerk24
  • Suspended ANC secretary-general Ace Magashule is taking the ANC to court over his suspension.
  • He argues that Rule 25.70 in the party's constitution is unconstitutional.
  • Magashule had until the end of the week to apologise for a "letter of suspension" sent to President Cyril Ramaphosa.

Suspended ANC secretary-general Ace Magashule has served papers on the ANC, arguing the rule forcing him to step aside from his position is unconstitutional.

News24 has reliably learnt the papers were served on Thursday and are set to be lodged in court on Friday on a semi-urgent basis, and that advocate Dali Mpofu is acting on his behalf. 

In the papers, Magashule argued the party's Rule 25.70 in its constitution, that those who have been charged with serious crimes in a court of law should step aside, undermined the constitutional principle of innocent until proven guilty.

UPDATE | Magashule asks court to reverse his ANC suspension... and suspend Ramaphosa instead

Rule 25.70 reads: "Where a public representative, office bearer or member has been indicted to appear in a court of law on any charge, the secretary-general or provincial secretary, acting on the authority of the NEC, the NWC, the PEC or the PWC, if satisfied that the temporary suspension of such public representative, office-bearer or member would be in the best interest of the organisation, may suspend such public representative, elected office bearer or member and impose terms and conditions to regulate their participation and conduct during the suspension."

It is believed that Magashule, in his court papers, argued the rule was specifically added to target him.

READ | Ace Magashule decries removal from virtual NEC meeting

He also argued President Cyril Ramaphosa's letter last August, in which he drew a line in the sand on corruption in the ANC, was written to target him because Ramaphosa allegedly knew the National Prosecuting Authority would charge him in November with fraud and corruption. 


Magashule was ordered at the end of March to step aside by the party's national executive committee (NEC) after the integrity commission in December recommended this, but when he failed to do so within the 30-day-deadline he was given, he was suspended. 

Sources close to Magashule told News24 late on Thursday he was expected to apologise for the "letter of suspension" he wrote to Ramaphosa, but there would be conditions attached.

READ | ANC NEC saga: Former president Thabo Mbeki raises concerns about the state of the ANC

One of Magashule's allies, Carl Niehaus, who is also the spokesperson for the Umkhonto weSizwe Military Veterans Association, told TimesLive a number of NEC members were set to join Magashule in his court action.

The case is expected to be heard before the end of the month with a judgment expected in early June. 

We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For only R75 per month, you have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today.
Subscribe to News24
Lockdown For
Voting Booth
When and why would you have your or your partner's sperm count checked?
Please select an option Oops! Something went wrong, please try again later.
That's an unnecessary procedure
17% - 512 votes
As soon as we decide to start a family
7% - 200 votes
Only if we're struggling to conceive
76% - 2238 votes
Rand - Dollar
Rand - Pound
Rand - Euro
Rand - Aus dollar
Rand - Yen
Brent Crude
Top 40
All Share
Resource 10
Industrial 25
Financial 15
All JSE data delayed by at least 15 minutes Iress logo