Court: No compelling reason to grant Magashule leave to appeal

Ace Magashule claimed that the court erred in its July judgment where he was challenging his suspension from the African National Congress (ANC).

Ace Magashule, the suspended African National Congress (ANC) secretary-general, speaks ahead of former President Jacob Zuma’s address following the postponement of his corruption trial outside the Pietermaritzburg High Court in Pietermaritzburg, South Africa, on 26 May 2021.Picture: Phill Magakoe/AFP

JOHANNESBURG - The Gauteng High Court in Johannesburg on Monday said that there were no compelling reasons why leave to appeal should be granted to suspended African National Congress (ANC) secretary-general, Ace Magashule, and has dismissed his application with cost.

Magashule claimed that the court erred in its July judgment where he was challenging his suspension from the ANC.

The embattled secretary-general was suspended in May after failing to step aside as per the party's 2017 resolution for those facing criminal charges.

Magashule had also questioned whether the correct order was handed down and claimed that a full bench of the High Court showed bias against him.

Magashule, who has been laying low for a while, might have to continue in that vein for longer.

This is not only in line with the terms of his suspension but also because his bid to overturn the decision has been struck another blow.

His August leave to appeal claimed that a full bench of the High Court misdirected itself when it came to understanding his suspension, which he said limited his political rights.

Magashule claimed that the court failed to understand the differences between precautionary and punitive suspensions in the ANC’s constitution.

He claimed that the court was biased before the very same court, which said that it dealt with the facts in the matter and that none of the decisions it made were so unreasonable that they could be perceived as bias.

The High Court said that it did not believe that any other court would come to a different conclusion.

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