By Lehlohonolo Lehana.
The Constitutional Court has dismissed suspended secretary general Ace Magashule’s bid to appeal his suspension from the ANC.
Magashule wanted the party’s step-aside resolution to be declared unconstitutional.
In a judgment, the apex court stated his appeal had no reasonable prospects of success.
“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,” the judgment reads.
“Consequently, condonation is granted, but leave to appeal must be refused for lack of reasonable prospects of success.”
Magashule was suspended from the ANC in May 2021, in line with the party’s step-aside rule, after failing to voluntarily vacate his position because of his legal challenges. The provision calls on those who are indicted in a court of law to voluntarily step aside until they have dealt with their legal woes, failing which they will face suspension.
He is facing charges of fraud and corruption relating to a R255m asbestos roof auditing tender awarded during his tenure as Free State premier.
The step-aside rule has caused much debate in the ANC, with several popular leaders being affected by its implementation.
The ANC national executive committee (NEC) recently expanded the rule to prohibit any member affected by it from even contesting for leadership positions at ANC conferences.
The ANC in Kwazulu-Natal and Limpopo have called for the rule to be scrapped.
In his closing address at the party’s policy conference in July, ANC president Cyril Ramaphosa said there was much support for the step-aside rule.