Ace Magashule to remain suspended from ANC as court bid fails

ANC secretary-general Ace Magashule has lost another bid to have his party suspension set aside.

Magashule had petitioned the Supreme Court of Appeal (SCA) after failing to persuade the Johannesburg high court to grant him leave to appeal, in 2021.  

He approached the SCA with the hope it would overturn the high court, which had upheld his suspension. Magashule also wanted the SCA to reverse the high court’s finding that there was nothing unconstitutional about the ANC’s “step-aside” resolution. 

The SCA has dismissed his application with costs.

“Having considered the motion and the other documents filed, it is ordered the application for leave to appeal is dismissed with costs on the grounds there is no reasonable prospect of success in an appeal, and there is no other compelling reason an appeal should be heard,” read the court’s order.

Magashule is facing charges of fraud and corruption relating to a R255m tender for an audit of asbestos roofing in the Free State. He is due back in court in February.

He was suspended from the ANC in May 2021 after he was indicted in accordance with the party’s step-aside rule. The rule holds that if a member of the party is indicted on criminal charges, they should step aside from their position. If they do not, they may be suspended.

In his appeal petition, Magashule insisted the ANC had unlawfully narrowed the scope of the rule.

He argued in the high court, and repeated as a ground of appeal, that the resolutions taken at the ANC’s national conference were that members “alleged to be involved in corrupt activities” are supposed to step aside and not only those who are indicted with criminal charges by the NPA.