Eric Naki
Political Editor
3 minute read
28 Jun 2021
4:55 am

Ace Magashule’s battle with ANC a win-lose situation

Eric Naki

ANC legal team says he had ample opportunity to state his case before being suspended.

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

ANC members suspended under the party constitution’s clause 25.70 could benefit should the high court declare it unconstitutional, but the main challenger of the clause, Ace Magashule, could still lose the matter because he had a hearing. This clause was central in Magashule’s challenge in which he took the ANC to court for suspending him – a move he believed was contrary to the country’s constitution. He claimed to have had no hearing prior to his suspension which violated the Audi alteram partem principle. But it was argued by the ANC’s counsel, Advocate Wim Trengove, that Magashule was given ample...