Supreme Court slaps down Ace Magashule’s appeal against suspension

It took the Supreme Court of Appeal just one paragraph to dismiss suspended ANC secretary-general Ace Magashule’s application to appeal against his suspension.

In a ruling dated 25 January 2022, the appellate court ruled that Magashule’s 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”.

It is the latest nail in the coffin for Magashule’s attempt to be reinstated within the ANC’s Top Six, after he was suspended as secretary-general of the party in May 2021 in accordance with the implementation of the ANC’s “step-aside” rule. The rule holds that ANC representatives facing serious criminal charges should not serve in office until legal procedures have run their course.

News24 reported in 2021 that such was Magashule’s determination to seek reinstatement that even if the Supreme Court application failed, he would possibly attempt an appeal directly to the Constitutional Court. It is, however, highly unlikely that his bid to the apex court would succeed.

Magashule was instructed to step aside on the basis of the charges of fraud, corruption and money laundering he faces as a result of the 2014 R255-million Free State asbestos scandal.  

Since the suspension was ordered in May 2021, Magashule has been fighting legal battles on two fronts: to lift his suspension and to have his criminal trial tossed out.

The SCA ruling marks the third successive court loss in the ANC suspension matter for Magashule and his legal team, which includes high-profile advocate Dali Mpofu. Magashule has attempted to argue that the step-aside rule is being implemented unjustly, with “Ramaphosa allies” being spared and the President’s perceived enemies targeted.

It would be naïve to believe Ace Magashule will now meekly accept his banishment to the political wilderness. (Photo: Gallo Images/Sowetan/Mduduzi Ndzingi)