South African ruling Party African National Congress (ANC) Secretary General Ace Magashule gives a press briefing on February 13, 2018 on the outcome of the ANC National Executive Committee, in Johannesburg at party’s headquarters. – South Africa’s ruling ANC party said it expected scandal-tainted President Jacob Zuma to respond on February 14, 2018 to its decision to “recall” him from office. (Photo by GIANLUIGI GUERCIA / AFP)
Ace Magashule to APPEAL High Court ruling: ‘It’s politics vs the law’
Suspended ANC secretary-general Ace Magashule said he believed a higher court would come to a different conclusion
South African ruling Party African National Congress (ANC) Secretary General Ace Magashule gives a press briefing on February 13, 2018 on the outcome of the ANC National Executive Committee, in Johannesburg at party’s headquarters. – South Africa’s ruling ANC party said it expected scandal-tainted President Jacob Zuma to respond on February 14, 2018 to its decision to “recall” him from office. (Photo by GIANLUIGI GUERCIA / AFP)
The South Gauteng High Court in Johannesburg may have ruled against African National Congress (ANC) secretary-general Ace Magashule in his bid to be reinstated, but he isn’t taking the decision lying down and has announced his legal team will be appealing.
The full bench of the Judges Jody Kollapen, Sharise Weiner and Edwin Molahlehi, unanimously dismissed Magashule’s urgent application, with costs on Friday morning, 9 July 2021.
Speaking to broadcaster Newzroom Afrika after the judgement was handed down, Magashule said he believed another court (presumably the Supreme Court of Appeal) would decide in his favour.
“I have the best legal team and that is why we are appealing the judgement because there are those issues, which Judge Kollapen himself said are very complex. I think a higher court will come to a different conclusion, which will be fair”
Suspended ANC secretary-general Ace Magashule
Magashule takes issue with High Court decision
Ace Magashule has also taken aim at the ANC, reiterating that there are those within the party who are treated differently – which was part of the arguments his legal counsel, advocate Dali Mpofu brought forward before the High Court.
Mpofu relied mainly on the Ramakatsa v Magashule cases in 2012, which dates back to Magashule’s time as premier of the Free State. In that case, the Constitutional Court ruled that decisions of political parties were invalid if they were not in line with the country’s Constitution. Not the same can be said about his current case, as ruled by the South Gauteng High Court.
“This is political, but I think it’s political as well as legal because whatever issues I have raised, they don’t just affect me as a member of the African National Congress (ANC). The Ramakatsa case in this case, has been twisted. I don’t want to come here and criticise the judges and that’s why I want to say it’s politics versus the law,” Magashule said.
Magashule was temporarily ousted after refusing to step aside, in line with the party’s contentious policy. He had approached the court to have the step aside resolution declared unconstitutional.
