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Magashule court action ‘could damage ANC’

JANINE MOODLEY janine.moodley@inl.co.za

POLITICAL analysts say Ace Magashule, the ANC secretary-general, was well within his rights to challenge his suspension. But the court processes and infighting could impact the party during this election year.

Magashule was suspended after he refused to step aside from his position amid fraud and corruption charges against him.

He was charged by the National Prosecuting Authority for allegedly laundering R233 million in an asbestos roof audit during his tenure as Free State premier. Since his suspension, Magashule launched a court application at the South Gauteng High Court to challenge his suspension. The matter is expected to be heard on June 24 and 25.

Bheki Mngomezulu, a political analyst, said that like any aggrieved citizen, Magashule had the right to approach the court.

“He can do so if he feels that his rights have been violated by the party or if he is of the view that the party failed to follow its own constitution.”

Mngomezulu said even if the party was legally correct in suspending Magashule, he thought it was not politically wise.

“The party has been divided into two factions and this issue will lead to further divisions. Secondly, the ANC is going to the elections next year. It needs to focus, not to further divide itself.”

Professor Dirk Kotze, a political analyst, said: “I think what has become an issue is that he is challenging his own organisation. That is seen as something that is not how it should be done.

“There is an understanding within the ANC, that disputes within the ANC should not be taken to court or resolved with court processes but rather dealt with in the ANC.”

He said as a leader in administration, Magashule should have handled it differently.

Kotze said with all factors considered, the ANC was well within its ambit to issue a suspension.

Kealeboga Maphunye, a professor of African politics at Unisa, said Magashule’s court application was not surprising.

“We have always expected he would approach the courts to challenge his suspension as a last resort measure. However, it would be unwise for him not to think of alternative plans to

restore his position should he lose his court challenge.”

Maphunye believed the ANC made the right decision to suspend Magashule in terms of safeguarding and enforcing the party’s governance and disciplinary processes.

“If the party had not taken any action against him, this could have undermined the morale of the party and encouraged disorderly or undisciplined behaviour among other members.”

Maphunye, however, said it was a risky move, especially during an election year and that he was treading on thin ice.

Glynnis Breytenbach, a DA MP and shadow minister of Justice and Correctional Services, said: “It’s up to him if he chooses not to obey the rules of his own party, and it’s up to the ANC to take whatever steps it deems fit. Regarding the suspension, again it is ANC internal business and it’s within their purview how to deal with it.”

Narend Singh, the IFP chief whip, said: “As long as it is constitutional, we cannot interfere.”

Shameen Thakur-Rajbansi, the leader of the Minority Front, said: “In our experience, councillors won for technical reasons and he could too. However, disciplined party cadres do not take their party to court on serious matters of public concern.

“I am, however, sure that all parties have a Dispute Resolution Committee set up, where independents can fairly advise both sides as to the best way forward in the interest of the party. This is instead of lengthy and costly court processes, which simply buy time but damage the survival of even big parties.”

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2021-06-23T07:00:00.0000000Z

2021-06-23T07:00:00.0000000Z

https://thepostza.pressreader.com/article/281552293822340

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