By Lehlohonolo Lehana.
@AlonSkuy.
Suspended ANC secretary-general Ace Magashule’s bid to challenge the party’s controversial step-aside resolution continued in the Johannesburg high court on Friday morning.
Advocate Mahlape Sello, acting on behalf of Magashule, told the full bench of the high court the embattled secretary-general was duly authorised to suspend Ramaphosa by the ANC’s constitution “and the delegated power to suspend”.
Magashule wants the court to confirm his failed attempt to suspend Ramaphosa as ANC leader.
Sello argued that the contention by the party’s national executive committee (NEC) that Magashule’s suspension letter was invalid because he had no authority or mandate to suspend Ramaphosa, was legally flawed.
“The NEC in taking a contradictory position on this matter and as to the validity of the action of the secretary-general’s action was wrong both in fact and in law,” she said.
This was the extended virtual NEC meeting from 8 to 10 May 2021 which removed Magashule from its proceedings following his suspension. This was after he refused to voluntarily step aside pending the conclusion of his corruption trial in the Free State.
Sello argued this reflected the views of the NEC meeting and not the ANC’s constitution.
She also said Magashule was not afforded the opportunity to argue his case why he believed his Ramaphosa suspension letter was valid.
Sello said Ramaphosa should have been excluded from the meeting, given that the matter involved him.
“In taking that decision, the beneficiary [Ramaphosa] of that deliberation participated in that entire process, including participating in issuing a sanction against the secretary-general. That sanction was even publicly announced by the first respondent [Ramaphosa],” she said.
The NEC ordered Magashule to withdraw and apologise for his failed attempt to suspend Ramaphosa, but he said he would not do so.
Meanwhile advocate Dali Mpofu, told the Johannesburg high court on Friday that Ramaphosa did not approach the courts to set aside the “suspension”, he remains suspended as ANC president.
“If Ramaphosa thought that his suspension was not valid, he should have taken steps just like Magashule has done and gone to court to say that the suspension must be declared to be unlawful.
“He does not do so even when we raise this matter so sharply in the founding affidavit, they don’t do so,” Mpofu argued.
Mpofu is representing Magashule in his bid to overturn his suspension from the ANC as well as to confirm his failed attempt to suspend Ramaphosa.
However, Ramaphosa maintains Magashule’s version of events of the NWC meeting was “completely false” as he was also part of the gathering. Ramaphosa said he believed Magashule was therefore acting out of “vengeful spite”.
The ANC also dismissed Magashule’s suspension letter, saying it was not valid because he had no authority or mandate from any of its structures to issue the letter.
Judgement has been reserved.