By Lehlohonolo Lehana.
The ANC’s three-strong legal team, led by Wim Trengove SC, is set to argue party members are bound by its constitution.
Trengove’s appearance is expected to wrap up the two-day hearing of the case brought by suspended ANC secretary-general Ace Magashule in a bid to have his suspension reversed.
A full bench of the High Court in Johannesburg heard on Thursday how Magashule’s rights were infringed by the terms of his suspension; these included not performing his duties, speaking on or behalf of the organisation, and mobilising across ANC structures.
His legal representative, Dali Mpofu, argued that the ANC’s national executive committee (NEC) altered the 2017 conference resolutions on the step aside clause so that it could be implemented along the factional interests of the organisation.
Magashule wants his suspension overturned, and the resolution in question to be declared unconstitutional. He is also asking the court to affirm his authority to issue a suspension letter against Ramaphosa.
The secretary-general’s failure to step aside led to his suspension.
Duarte’s role as the deputy secretary-general of the ANC came under the spotlight on Thursday as Magashule’s legal representatives sought to make a case that she had no authority to act on his behalf or to even issue him a suspension letter.
Mpofu, speaking on processes behind the step aside resolution, said even that was assigned and not automatically delegated to Duarte.
“Duarte in her affidavit said that ‘it just fell on me to write the letter’. It doesn’t work like that. Things don’t fall from the air in an organisation in a democratic state.”
The deputy secretary-general will have a chance to state her case this morning.
In her affidavit, Duarte had argued that Magashule’s application was absurd and incoherent.
Meanwhile the Free State region, branches and members challenged the constitutionality of rule 25.70 of the ANC’s constitution. It said the resolutions adopted at the party’s national conference in 2017, which were used to temporarily oust Magashule, were unconstitutional and unlawful, like the NEC and the national working committee’s implementation of them.
The Free State group said they did not bring their application to intervene in support of Magashule but as a matter of principle on behalf of ANC members.
The matter continues.