Ace Magashule ANC NEC

Photo: ANC / Twitter

ANC lawyer: Ace Magashule took part in decision that led to his ousting

The ANC’s advocate Wim Trengove virtually presented his arguments on Friday, defending the party’s decision to suspend Ace Magashule

Ace Magashule ANC NEC

Photo: ANC / Twitter

A full bench of the South Gauteng High Court in Johannesburg has heard that not only was African National Congress (ANC) secretary-general Ace Magashule part of the decision-making that eventually culminated in his suspension, he was also afforded an opportunity to state his case.

Advocate Wim Trengove delivered his arguments, on behalf of the ANC, the party’s president Cyril Ramaphosa and deputy secretary-general Jessie Duarte on Friday, 25 June 2021. The court heard a bid by Magashule to have the decision to suspend him, nullified.

Magashule, through his lawyer advocate Dali Mpofu, wants rule 25.70 of the ANC’s constitution, which allows for the suspension of an office-bearer who faces criminal charges, to be declared unlawful.

Trengove said Magashule took part in a meeting with top six officials at Ramaphosa’s house, just before his suspension.

‘’This is an extraordinary case where the suspended employee was not merely afforded an opportunity to state his case, which is what (the legal principle of audi alteram partem) requires, but that he was in this unusual position where he actively participated in the decision-making process, in the decision-making structures they took the decision that culminated in his suspension,” he said.

Wim Trengove takes aim at Ace Magashule

The ANC’s advocate Wim Trengove did not hold back, particularly going for Ace Magashule and Dali Mpofu and questioning parts of their arguments, which were presented the day before.

Referring to Magashule, Trengove pointed to the secretary-general’s decision to issue a suspension letter to Ramaphosa, using the very same rule he now wants the court to declare unlawful.

“We heard a few minutes ago that Mr Magashule apparently suspended the president under rule 16.6.1, well that’s the first time we heard of it. It is another illustration of how Mr Magashule, every time he runs into problems, shifts grounds”

Advocate Wim Trengove

Trengove also placed focus on Mpofu’s initial argument that rule 25.7 (of the ANC’s constitution, which was used to suspend Magashule), violates section 19 of the country’s own constitution, allowing citizens to join political parties of their choice.

“Section 19 has a perfectly sensible interpretation. Every person has a right to join a political party and to participate in its activities and nobody may preclude any citizen from doing so. But when they do participate, they participate in accordance with the rules of the party,” he said.