By Lehlohonolo Lehana.
The African National Congress (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 appeal court dismissed the application with costs.
In July, the full bench of the Johannesburg High Court dismissed Magashule’s application to overturn his suspension from the ANC. That application was dismissed with costs, with the court finding that his suspension was consistent with the ANC’s and the country’s constitution.
Magashule had filed papers at the appeal court in Bloemfontein in a bid to overturn his suspension. He also wanted the court to uphold his attempt to suspend Cyril Ramaphosa as party president.
He believed the SCA would come to a different conclusion on his appeal application, arguing that the ANC’s step-aside rule was unconstitutional and flouted the principle that an accused is innocent until proven guilty.
The SCA on Monday ruled that Magashule’s appeal had no reasonable prospects of success.
“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 order.
Magashule was suspended in May in line with the ANC’s rule 25.70, which requires all party members criminally charged to temporarily step aside pending the conclusion of their cases.
He faces fraud and corruption charges in the Free State in connection with a R255 million asbestos project while he was the province’s premier.