Ramaphosa, Duarte to present arguments against Magashule in suspension matter
Ace Magashule wants his suspension overturned, and the resolution in question to be declared unconstitutional. He is also asking the court to affirm his authority to issue a suspension letter against Cyril Ramaphosa.
JOHANNESBURG – The African National Congress (ANC), its president, Cyril Ramaphosa, and deputy secretary-general, Jessie Duarte, will get to state their case on Friday as embattled secretary-general Ace Magashule challenges his suspension from the party.
A full bench of the High Court in Johannesburg heard on Thursday how Magashule’s rights were infringed by the terms of his suspension; these included not performing his duties, speaking on or behalf of the organisation, and mobilising across ANC structures.
His legal representative, Dali Mpofu, also argued that the ANC’s national executive committee (NEC) altered the 2017 conference resolutions on the step aside clause so that it could be implemented along the factional interests of the organisation.
Magashule wants his suspension overturned, and the resolution in question to be declared unconstitutional. He is also asking the court to affirm his authority to issue a suspension letter against Ramaphosa.
The secretary-general’s failure to step aside led to his suspension.
Duarte’s role as the deputy secretary-general of the ANC came under the spotlight on Thursday as Magashule’s legal representatives sought to make a case that she had no authority to act on his behalf or to even issue him a suspension letter.
Mpofu, speaking on processes behind the step aside resolution, said even that was assigned and not automatically delegated to Duarte.
"She says in her affidavit that 'it just fell on me to write the letter'. It doesn't work like that. Things don't fall from the air in an organisation in a democratic state."
The deputy secretary-general will have a chance to state her case on Friday morning.
In her affidavit, Duarte had argued that Magashule’s application was absurd and incoherent.
She also said that the charges he was facing were not frivolous but had a negative impact on his integrity and by implication the ANC.
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