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Magashule’s Fate Sealed As Supreme Court Dismisses Appeal Against ANC Suspension

The Supreme Court of Appeal (SCA) dismissed suspended ANC secretary-general Ace Magashule’s appeal of a judgment that declared his suspension from the party was lawful.

In a one-page judgment, the court dismissed the appeal with costs.

“The application for leave to appeal is dismissed, with costs, on the grounds that there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard,” the court ruled.

Magashule’s SCA bid came after the South Gauteng High Court in Johannesburg dismissed his appeal application in September.

READ | Ace Magashule’s sons cleared after SIU probe into PPE tenders

On 13 November, he filed papers spelling out why he believed the SCA should grant him access for leave to appeal the court ruling on his suspension.

The corruption-charged Magashule told the court Ramaphosa’s Cabinet reshuffle was proof there was a selective application of the ANC’s step-aside rule.

He argued the court had erred when it found nothing wrong with the ANC national executive committee’s interpretation of the step-aside resolution.

If granted permission to appeal, Magashule said he planned to introduce new evidence to strengthen his argument.

In response, ANC deputy secretary-general Jessie Duarte said he had not met the grounds required to convince the SCA to hear his latest attempt to overturn his suspension.

She argued that Magashule should not be allowed to introduce new evidence.

Magashule was suspended from the ANC in May 2021 after he was criminally charged for corruption.

The ANC’s step-aside policy forces party leaders charged with corruption to be temporarily removed from their positions.

Magashule has fought his suspension, saying the step-aside rule was an effort to deal with him politically.

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