Ace Magashule said to want ANC disciplinary process to begin afresh

Former ANC secretary-general Ace Magashule is planning to fight his impending expulsion from the party, questioning the disciplinary processes that concluded he be expelled from the party.

Those close to Magashule have indicated he plans to argue that his disciplinary process be started afresh, with the ANC to be accused of failing to do basic due diligence, including ensuring he was properly served with the charge sheet.

That is after the ANC national disciplinary committee (NDC) found him guilty of contravening the ANC constitution by failing to withdraw and apologise for his decision to suspend party president Cyril Ramaphosa in May 2021, and decided that he be dismissed from the party.

According to those with knowledge of Magashule’s strategy, the former Free State premier is due to exhaust all avenues available to him internally before taking the fight outside the ANC. This suggests he might take the matter to court should get no joy from the ANC.

Magashule is said to be planning to appeal against the findings of the NDC to the ANC’s national disciplinary committee of appeals, where he will argue he had never been served with a summons and never received communication from the NDC for him to appear before it.

However, on Thursday, Magashule refused to confirm his fightback strategy, telling TimesLIVE he received no communication from the ANC on his charges and on the NDC’s subsequent finding against him.

“I have been all over, so I haven’t received anything,” he said.

Asked whether he believed the summons was served to the wrong address, Magashule responded: “I don’t know, I want to comment after only seven days, let me not get involved in any other thing.”

On May 23, the NDC gave Magashule seven days to explain why he should not be expelled, a deadline that expired on Tuesday. But Magashule believes the seven-day count was only begun on Wednesday, when the decision to expel him was publicly communicated.

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Mathews Phosa, who previously represented Magashule in the case, said he sent the sheriff packing when they tried to serve the summons through him as he no longer represented Magashule.

“I told them I can’t receive the summons on his behalf because I don’t have instructions,” he said, adding was the last time he was involved in the matter.

In its ruling, the NDC describes a lengthy and protracted process marred by countless delays to get Magashule to the hearing. The process to call Magashule to account began in November 2021, about six months after his failure to apologise and retract his suspension of Ramaphosa.

The process, however, could not begin for various reasons, which NDC chair Ralph Mgijima details in the finding. These include allowing Magashule to exhaust all the legal processes related to the case, which were dismissed by the High Court, Supreme Court of Appeal and the Constitutional Court between May 2021 and August 2022.

The matter was then set for hearing on November 7 2022, but Magashule was not available on the day. A new date of December 3 2022 was agreed on, but they still could not sit as Phosa was again not available.

The matter was then set for January 19, but the NDC did not receive written submissions from Magashule, while the ANC submitted its argument on why the party’s former secretary-general should be expelled. Phosa, however, argued the NDC no longer existed because the ANC held its national conference, which is traditionally followed by the appointment of a new committee.

“The NDC resolved to await the NEC’s appointment of NDC members. For that reason, the hearing was postponed sine die and not to a specific date,” Mgijima noted.

“The NDC places on record that between November 7 2022 and January 19 2023, none of the dates promised by Phosa for the hearing to be held, materialised. In March, the NEC appointed the members of the NDC and the national presenters.”

The matter was then set for May, but Phosa turned back the sheriff, saying he no longer represented Magashule and they should liaise directly with him.

“The NDC hearing was set down for adjudication on May 23 2023 on the virtual platform and the ‘Notice of Set Down’ was served on the charged member at his residence in Bloemfontein by the deputy sheriff of Bloemfontein West on May 15 2023,” said Mgijima.

On Thursday, the ANC said it had evidence that the summons was served on Magashule, rebuffing his argument that he had never received it.

TimesLIVE