If granted leave to appeal, Magashule to put new evidence before SCA

The same three judges who last month dismissed his attempt to get his suspension set aside on Wednesday heard argument as to why he should – or should not be – given leave to appeal the court’s decision. Judgment was reserved.

ANC secretary-general Ace Magashule on the Day of Reconciliation 2020 attended the ‘Young Boys’ Dialogue’ in his hometown of Parys, Free State, that focused on gender-based violence. Picture: Boikhutso Ntsoko/EWN.

CAPE TOWN - Suspended African National Congress (ANC) secretary-general Ace Magashule wants to put new evidence before the Supreme Court of Appeal if he is granted leave to appeal against the Johannesburg High Court’s rejection of his bid to get his suspension overturned.

The same three judges who last month dismissed his attempt to get his suspension set aside on Wednesday heard argument as to why he should – or should not be – given leave to appeal the court’s decision.

Judgment was reserved.

Magashule will now have to wait to find out whether his bid for leave to appeal has succeeded. His counsel, Dali Mpofu SC, yesterday accused the judges hearing the matter of being biased in favour of the respondents – who include president Cyril Ramaphosa and ANC deputy secretary-general, Jessie Duarte.

Mpofu said if leave to appeal was granted, they would apply to put new evidence before the Supreme Court of Appeal, including that Ramaphosa’s Cabinet reshuffle involved ministers who were themselves facing corruption allegations.

“This judgment is really premised on one fundamental philosophical foundation which is that the acceptance of the theory, to be generous, that the ANC was motivated by some anti-corruption crusade and evangelism which is completely not the case. On our version the suspension was motivated by nothing other than factionalism and the application of the step-aside rule is done in a factional way.”

Counsel for Ramaphosa, Wim Trengove SC, described the allegations of bias against a full bench of three judges as “extraordinary” and “a full-frontal attack” on the integrity and honesty of judges Jody Kollapen, Sharise Weiner and Edwin Molahleli.

Trengove said Mpofu noted in his own papers it was unlikely any new evidence would be admitted by the SCA.

“So why do we have this document? This is a scandalous attempt to use the platform of this court to malign the respondents. My learned friend used it this morning to accuse the president of corruption.”

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