Magashule throws a bit of whataboutism in the mix as he asks SCA to hear his appeal

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Suspended ANC secretary-general Ace Magashule. Photo: Mlungisi Louw / Gallo Images
Suspended ANC secretary-general Ace Magashule. Photo: Mlungisi Louw / Gallo Images
  • Suspended ANC secretary-general Ace Magashule has filed papers appealing to the Supreme Court of Appeal to hear his latest bid to overturn his suspension.
  • The South Gauteng High Court in Johannesburg dismissed his appeal application in September.
  • Magashule says he will introduce new evidence if permission to appeal is granted, but the ANC says he has no legal basis to do so. 

How come has the ANC not asked Enoch Godongwana, Gwede Mantashe, Mondli Gungubele and Zizi Kodwa to step aside after they were accused of corruption? 

This is the crux of the argument made by suspended ANC secretary-general Ace Magashule who told the Supreme Court of Appeal (SCA) President Cyril Ramaphosa was guilty of corruption.

On 13 November, he filed court papers spelling out why he believed the SCA should grant him access for leave to appeal a High Court ruling on his suspension.

The corruption-charged Magashule told the court Ramaphosa's Cabinet reshuffle was proof there was a selective application of the ANC's step-aside rule. 

In response, ANC deputy secretary-general Jessie Duarte said he had not met the grounds required to convince the SCA to hear his latest attempt to overturn his suspension.

In July, the South Gauteng High Court in Johannesburg ruled Magashule's suspension was lawful.

His follow-up appeal application to the same court was dismissed in September.

READ | Ace Magashule levels serious collusion accusations against the State, NPA vows to prove him wrong

He was forced into suspension as part of the ANC's implementation of the step-aside resolution.

Magashule is facing corruption charges in the Free State asbestos case.

He argued the High Court had erred when it found nothing wrong with the ANC national executive committee's interpretation of the step-aside resolution. 

If granted permission to appeal, Magashule said he planned to introduce new evidence to strengthen his argument.

The evidence includes transcripts from the Zondo Commission, where Ramaphosa had testified.

Step aside

Magashule said he believed Ramaphosa's testimony proved he was guilty as a perpetrator or accomplice to corruption, and should also be subjected to the step-aside resolution.

He claimed the new evidence included transcripts of the president's Cabinet reshuffle in August.

Magashule argued alleged corrupt ANC members have been promoted instead of being subjected to the step-aside resolution.

He listed the appointments of Enoch Godongwana as finance minister, Zizi Kodwa as deputy minister in the Presidency responsible for state security, the retention of Gwede Mantashe as mineral resources minister and the appointment of Mondli Gungubele as minister in the Presidency.

ALSO READ | Magashule, Sodi say testimony from Zondo Commission cannot be used in their R255m corruption case

Duarte argued Magashule should not be allowed to bring in new evidence in support of his application.

She claimed this evidence did not prove the step-aside resolution had been selectively applied and the mentioned people were not facing criminal charges.

"No guilty finding has been made by the State Capture Commission or by the competent authority against the president, resulting from the evidence that he gave before the commission," Duarte said.

She also argued Magashule intended to introduce Cabinet minutes, which have no bearing on the court proceedings.

Duarte added he had previously failed to prove the step-aside resolution had been selectively applied.

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