Is this the final round of the battle between Ace Magashule and the ANC?

Former ANC secretary-general Ace Magashule has about a week to explain why he should not be expelled from the party.

Magashule was found guilty of misconduct when he illegally suspended ANC president Cyril Ramaphosa in May 2021. The ANC’s national disciplinary committee (NDC) recommended Magashule be dismissed as a member of the party.

Here is a timeline of Magashule vs the ANC.

Magashule ‘suspends’ Ramaphosa

In 2021, after being served with a letter of temporary suspension, Magashule “suspended” Ramaphosa in a leaked letter, which appeared to emanate from his office. 

Magashule was temporarily suspended from the ANC until the final outcome of his court proceedings in connection with a R230m asbestos eradication tender. He was not expected to perform any of his duties during his suspension. 

However, he still received his salary and all the other benefits that come with his employment.

ANC national chair Gwede Mantashe said at the time that the letter, even if legitimate, held no power and Magashule could not suspend Ramaphosa. 

“Decisions in the ANC are taken by structures and not individuals,” said Mantashe. “[The intention] is to cause confusion and he [Magashule] is doing someone’s bidding. 

“You can’t take decisions on your own in an organisation. It has no consequence. You can’t as an individual write a letter suspending another member. It means I can also write a letter to somebody else to suspend him. There is no organisation that operates in such a manner,” he added. 

'We must be treated the same' 

In 2020, Magashule weighed in on calls for Ramaphosa to step aside, saying criticism and actions must be the same for him as for those who had been forced to step aside. 

That was after former State Security Agency boss Arthur Fraser laid a criminal complaint against Ramaphosa, implying he covered up a crime at his Limpopo farm after thieves allegedly made off with millions in foreign currency.

“Justice must have eyes for all of us and we are watching SA, we are watching the integrity committee of the ANC and we are watching the people of SA,” said Magashule. 

“Allegations are allegations but when it was allegations against us, people said we are corrupt. Now I hear people defending themselves and I say we must be treated the same.”

ANC criticises Magashule for attending an EFF rally

The ANC in the Free State slammed Magashule for attending the EFF's Freedom Charter Day rally in Kliptown, Soweto. 

The party's interim provincial committee said it had noted with concern the conduct of Magashule. “Such conduct can only be accepted if it is sanctioned by the organisation in pursuit of its political interests.

“The secretary-general is one of the highest positions in the organisation whose integrity has to be protected at all costs. The fact that he is suspended does not disqualify him from upholding the organisational discipline and other principles that must be observed by all members,” it said.

Constitutional Court dismisses Magashule’s bid to overturn his ANC suspension

Magashule approached the Constitutional Court in the hope that it could declare his suspension and the step-aside rule unlawful. This was after his failed bid at the Supreme Court of Appeal (SCA). 

He had sought to challenge his suspension on the basis that the step-aside rule was unconstitutional, but his bids in the high court, SCA and Constitutional Court failed.

“The Constitutional Court has considered the application for condonation and the application for leave to appeal. It has concluded though there are no reasonable prospects of success on the 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,” the Constitutional Court’s judgment read.

Magashule did not have time to prove himself

Former transport minister Fikile Mbalula, during his race to replace Magashule as ANC secretary-general, said Magashule did not have time to prove himself. 

“The SG position left with Gwede Mantashe and Kgalema Motlanthe. The last SG, shame, didn't have time to prove himself. He was faced with a lot of challenges and having to defend himself,” he told 702.

“Do I have the capacity to do that? I don't know. But I know the ANC prepared me for this moment from the word go when I started in the youth league and worked at Luthuli House.”

‘No-one will expel me from the ANC’

During the ANC’s national conference in December, Magashule said he could not be expelled from the party. 

“I am the ANC, I was born in the ANC and no-one will expel me from the ANC,” said Magashule. He was nominated by some branches in his home province, the Free State, despite having been suspended due to the charges he faces.

“The branches are the highest decision-making body [in] the conference and I will respect the branches and their voice,” he said. 

Ramaphosa critices Magashule for ‘capturing’ party branches

Ramaphosa slammed Magashule for allegedly having previously “captured” party branches in the Free State.

Ramaphosa challenged the ANC Women’s League in the province to ensure capture of party structures does not happen again.

“I tried to revive the branches in this province, [former] deputy president David Mabuza followed suit, so did former president Thabo Mbeki and former deputy president Kgalema Motlanthe and it took us a long time but now the branches are showing hope and it is now the responsibility of the women’s league to make these branches work.

“You must not allow these branches to be captured again. The branches in this province were being used to advance the interests of an individual. The branches must not to be diverted away from the principles and values of the ANC.”

‘I have not stolen a cent of government money’

Appearing briefly at the Free State High Court earlier in 2023 on charges related to the asbestos tender, Magashule said the National Prosecuting Authority (NPA) was “wasting time” because he had not stolen a cent from the government.

Magashule accused the NPA of wasting time on a “politically motivated” case. 

“I know there is that technicality of our appeal to the SCA … I hope this case will be speedily resolved. I am ready [to go on trial] because I know I have not done anything wrong. I have not stolen a cent of government money,” he said.

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