By Lehlohonolo Lehana.
@AlonSkuy.
The ANC will oppose secretary-general Ace Magashule’s court application to have his suspension lifted, the ruling party said on Monday afternoon.
The party said in a statement that it had appointed Ledwaba Mazwai Attorneys as instructing attorneys.
They will be “supported by the following three Senior Counsels and 1 Junior Counsel”, who are:
- Adv Wim Trengrove SC;
- Adv Ngwako Maenetje SC;
- Adv Fana Nalane SC; and
- Adv Buhle Lekokotla.
In court papers signed and dated on Friday last week on behalf of Ramaphosa, Duarte and the ANC stated: “Be please to take notice (sic) that the first, second and third respondents intend to oppose the application and hereby enter its appearance to oppose.” The papers were also addressed to Eric Mabuza, of Mabuza Attorneys, which is representing Magashule.
Magashule has approached the court to challenge not only his suspension but the ANC’s step-aside resolution.
According to court papers, the matter will be heard on June 1, 2021, at 10am.
In his application, Magashule wants the court to rule that: “The ANC step aside rule 25.70 of the ANC constitution (is) unlawful, unconstitutional, invalid and null. The suspension letter issued by ANC Deputy Secretary-General Jessie Duarte suspending him to be null/void, the suspension by Magashule to be valid and effective until lawfully nullified and the instruction announced by Ramaphosa and the ANC for Magashule to apologize for issuing the suspension letter to Ramaphosa to be unlawful.”
It was not immediately clear how the decision to oppose Magashule’s application had been taken, since no such position was communicated in the resolutions of the latest national executive committee (NEC) meeting, which were published on Monday last week.
No meeting of the national working committee is known to have been held since that NEC.
The move comes after the party said on Sunday that it had “noted” court papers filed by Magashule last week, and after the secretary-general went on live television to address a crowd at Jacob Zuma’s corruption trial in Pietermaritzburg on Monday.
It remains to be seen how soon party officials will react after Magashule’s latest disobedience.
The address was in direct defiance of the suspension conditions placed on Magashule. He has been barred from:
- Carrying out the duties and responsibilities of his office as secretary-general,
- Representing the organisation publicly and or in any other form,
- Making public pronouncements on matters related to the organisation, and
- Engaging in the mobilisation of ANC structures, any other organisations or individuals, including on your stepping aside and matters related thereto.
Before addressing the crowd, Magashule said in isiZulu that he would keep it short because he had been banned, cknowledging that he was knowingly transgressing a condition of his suspension.