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Top court rules on ANC suspension appeal

Publish date: 15 August 2022
Issue Number: 990
Diary: IBA Legalbrief Africa
Category: South Africa

The Constitutional Court has dismissed former ANC secretary-general Ace Magashule's application to appeal his suspension. Legalbrief reports that it is a bitter blow for Magashule who has been completely sidelined by the party ahead of December’s key elective conference. Magashule approached the apex court after the SCA upheld the Gauteng High Court (Johannesburg) ruling in his appeal application. The SCA had dismissed Magashule’s application with costs in January. The ANC’s former second-in-command had appealed the High Court’s July 2021 ruling, which found that his suspension was consistent with the constitutions of both the party and the country. The Citizen reports that while he also wanted the High Court to uphold his attempt to suspend Cyril Ramaphosa as ANC president, the full Bench did not rule in Magashule’s favour. Magashule was subsequently suspended in May 2021 in line with the ANC’s regulations which require all party members criminally charged to step aside pending the conclusion of their cases. The step-aside rule has since been retained by the ANC following the party’s policy conference last month.

Full report in The Witness

Beeld reports that the Constitutional Court simply held Magashule has no reasonable prospects of success and is therefore denied leave to appeal. ‘The Constitutional Court has considered the application for condonation and the application for leave to appeal. It has concluded that though there are no reasonable prospects of success on 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,’ the judgment reads. Business Day reports that Magashule is facing charges of fraud and corruption relating to a R255m asbestos roof auditing tender awarded during his tenure as Free State Premier.

Full Beeld report (subscription needed)

Full City Press report

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