Analysts say suspended ANC secretary-general Ace Magashule will do everything he can to save his political career within the ANC.
This was the opinion of both legal expert Nthabiseng Dubazane and political analyst Professor Tinyiko Maluleke in reaction to Magashule’s notice to appeal the Gauteng High Court judgment that upheld his suspension.
About two months ago Magashule approached the courts in an attempt to set aside his suspension and to have the ANC’s “step-aside regime” declared unconstitutional.
This court bid was however dismissed with costs, but a defiant Magashule remains determined to hold onto his position within the ruling party.
Commenting on the matter, Dubazane said when a rule has been in place and an employee ought to have knowledge of it then the individual can be suspended.
“When you look at what the ANC constitution says, once you are charged with anything it’s sufficient for you to step down.
’’Legally speaking, I do not see how the court actually finds that to be a valid situation, but I suppose when you look at the internal laws of the ANC that if the majority voted for it, then everyone knew about it and therefore they are bound by it. That was probably the leg at which the high court looked at it.
“If he takes it on appeal, the best thing would be for him to not bring in new evidence because the court won’t listen to it. But let’s hear what the Supreme Court of Appeal says on this,” said Dubazane.
In predicting the outcome of this court challenge, Dubazane is of the opinion there is about a 30% chance that his appeal will be successful.
“His attorney’s will need to have decent grounds to have a successful appeal, bearing in mind that he has not been charged as yet.”
She further stated that she believed his application was his attempt to fight for his place within the ruling party.
Maluleke agreed with Dubazane’s statement and said Magashule was within his rights to challenge the judgement.
“He is merely taking advantage of a right that he is granted so we cannot blame him for that.
’’This is the man who is fighting for his political life and given the seniority of his position within the ANC, we can expect that he will throw everything at this particular case to win it. It’s really all about him as a political influence in this country.
“Magashule’s back is against the wall and he knows if he loses this one, his political career might be finished. He will do everything in his power to fight back.”
Maluleke said if the court outcome led to Magashule losing the appeal, he did not foresee the suspended secretary-general starting his own political party such as the likes of EFF leader Julius Malema and Cope leader Mosiuoa Lekota.
“We cannot assume that he will respond like Malema and Lekota, to name a few. I don’t think he is there yet or looking for alternatives.”
Political Bureau