A High Court in Johannesburg has ruled that the suspension of ANC Secretary-General Ace Magashule was valid. The ruling was handed down by Judge Jody Kollapen on Friday.
Magashule was challenging the party’s ‘step aside’ guidelines, which were fiercely deliberated and adopted at its 54th national conference.
His matter was brought on an urgent basis back in May, challenging the party’s step-aside guidelines. Magashule argued that the rule was illegal and contravened the principle that an accused remains innocent until proven guilty.
Kollapen said that the ANC guidelines distinguished between indicted individuals and accused members. He held that the step-aside rules were not unconstitutional.
The court held that his letter suspending Ramaphosa was not signed and said Magashule could not challenge his suspension letter from Duarte: “Neither the NEC nor the NWC could issue an instruction that Magashule should suspend himself, this would have placed him in a situation of a conflict of interest.”
He added that the principles of natural justice were observed prior to Magashule’s suspension.