In yet another defeat for suspended African National Congress (ANC) secretary-general Ace Magashule, the Constitutional Court has dismissed his bid to have his temporary ousting from Luthuli House reversed.
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CONCOURT: MAGASHULE’S BID HAS ‘NO REASONABLE PROSPECTS OF SUCCESS’
In its judgement, the Constitutional Court said Ace Magashule had no prospects of successfully appealing his suspension as ANC secretary-general.
“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,” it reads.
Magashule first approached the South Gauteng High Court in Johannesburg to challenge his suspension, but the matter was dismissed with costs. He subsequently approached the Supreme Court of Appeal (SCA), which dismissed the application in January 2022.
To take things back, this is how it started: the ANC had suspended Magashule after he refused to step aside, in abidance to its step-aside policy, which directs members who face serious charges before the courts, to temporarily vacate office. Magashule faces fraud, money laundering and corruption charges in connection to a R255 million asbestos tender in the Free State, which was awarded when he was premier, in 2014 – this means he was one of members, to which the policy applied.
Things then got complicated when he issued a letter of suspension to party president Cyril Ramaphosa (despite he being suspended himself). He contended that he was still the SG and would continue carrying out his duties, however the ANC dismissed this and reaffirmed his suspension, subsequently ordering him to apologise.
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