Mpofu, on behalf of Magashule, says ANC’s approach to corruption is a farce

Ace Magashule wants the full bench of the High Court to test the constitutionality of the ANC’s 2017 step-aside resolution along with Rule 25.70, which was used to place him on temporary suspension.

ANC secretary-general Ace Magashule addresses a media briefing after his appearance in the Bloemfontein Magistrates Court on fraud and corruption charges on 19 February 2021. Picture: Xanderleigh Dookey Makhaza/Eyewitness News .

JOHANNESBURG - Proceedings in the High Court in Johannesburg have wrapped for Thursday, with Advocate Dali Mpofu arguing that the African National Congress (ANC)'s approach to dealing with corruption in its ranks was a farce and an act of corruption against delegates who attended the party's national elective conference.

Mpofu is representing suspended ANC secretary general Ace Magashule, who took his own party along with its President Cyril Ramaphosa and his deputy Jessie Duarte to court.

He wants his suspension reversed while asking for the courts to endorse a suspension letter he issued to Ramaphosa.

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Magashule also wants the full bench of the High Court - currently hearing his matter - to test the constitutionality of the ANC’s 2017 step-aside resolution along with Rule 25.70, which was used to place him on temporary suspension.

Advocate Mpofu put Magashule’s case to the High Court, arguing against Magashule’s deputy Duarte’s authority to issue him with a suspension letter.

He questioned the role of the ANC’s national executive committee - accusing it of altering the party’s conference resolutions to suit narrow factional interests.

“Let’s now re-engineer, not only the step-aside rule, but also Rule 25.70 and change it into a rule where the NWC has self satisfaction.”

Earlier, Mpofu argued that the suspension was an infringement of Magashule’s rights, saying the Constitution of the country guaranteed the embattled ANC leader the right to participate in political activity.

“Those four things amount to the limitation on infringement of his right to participate in a political party of his choice.”

On Friday, the High Court will hear from the respondents. It’s also expected three parties who had their urgent applications struck off the roll with costs might again attempt to join proceedings.

The matter is expected to wrap up on Friday afternoon.

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