Ace Magashule’s plea to his suspension as African National Congress secretary-general was denied by the Johannesburg High Court on Friday (ANC).
According to the High Court, Magashule could not claim that the party’s step aside regulation infringed his constitutional rights under Section 17 of the Constitution.
The court has handed down its decision on the suspended secretary general’s motion, in which he requested that the court deem his suspension to be illegal and unconstitutional, as well as to approve his suspension letter to President Cyril Ramaphosa.
Judge Jody Kollapen said: “We are satisfied for the reasons that we have given that the ANC constitution is consistent with that of the country and the decision to suspend Magashule was effected in terms of the ANC constitution, was precautionary in nature and complied with the law relevant to precautionary suspensions.”
The court described the events that led to Magashule’s suspension and his attempt to suspend President Ramaphosa, including a March meeting at which it was determined to give members involved in corruption 30 days to step aside or be suspended.
Magashule claimed in court filings that he was wrongfully suspended and that the party’s step aside rule was unconstitutional.
He said that the regulation was punitive and denied the right to be heard, which is a fundamental component of natural justice.
However, the court stated that he took part in the creation of the regulation as well as the hearings of the integrity commission that led to his suspension.