Magashule files papers to the SCA in a bid to overturn his suspension.

By Lehlohonolo Lehana.

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Suspended ANC secretary-general Ace Magashule has filed papers appealing to the Supreme Court of Appeal to hear his latest bid to overturn his suspension.

On 13 November, he filed court papers spelling out why he believed the SCA should grant him access for leave to appeal a High Court ruling on his suspension.

Magashule told the court that President Cyril Ramaphosa’s Cabinet reshuffle was proof there was a selective application of the ANC’s step-aside rule.

In response, ANC deputy secretary-general Jessie Duarte said he had not met the grounds required to convince the SCA to hear his latest attempt to overturn his suspension.

In July, the South Gauteng High Court in Johannesburg ruled Magashule’s suspension was lawful.

His follow-up appeal application to the same court was dismissed in September.

He was forced into suspension as part of the ANC’s implementation of the step-aside resolution.

Magashule is facing corruption charges in the Free State asbestos case.

He argued the High Court had erred when it found nothing wrong with the ANC national executive committee’s interpretation of the step-aside resolution. 

If granted permission to appeal,Magashule said he planned to introduce new evidence to strengthen his argument.

The evidence includes transcripts from the State Capture Commission, where Ramaphosa had testified.

Magashule said he believed Ramaphosa’s testimony proved he was guilty as a perpetrator or accomplice to corruption, and should also be subjected to the step-aside resolution.

Duarte argued Magashule should not be allowed to bring in new evidence in support of his application.

She claimed this evidence did not prove the step-aside resolution had been selectively applied and the mentioned people were not facing criminal charges.

Meanwhile the ANC national executive committee (NEC) will convene a meeting to consider a report following the conclusion of negotiations for coalitions in hung municipalities.

This was confirmed by the party’s spokesperson, Pule Mabe.

In a statement, Mabe said the party had completed its engagements with political parties that would form coalition partners in the hung municipalities.

“This process has been a three-tier process with discussions involving all layers of leadership throughout the country,” he said.

This comes in the wake of an announcement by the IFP that it had agreed with the ANC that, in hung municipalities in KwaZulu-Natal, a party that had a majority would form a government without the other getting in its way.

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