LISTEN: Court throws out Magashule suspension challenge
Ace Magashule has lost his bid to have his suspension by the African National Congress (ANC) declared unlawful.
Magashule was suspended as secretary-general in May after refusing to step aside while his corruption case is being heard by the courts.
In Friday's ruling, Judge Jody Kollapen said the Johannesburg High Court found all processes were followed in line with the ANC's constitution.
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"He was afforded ample opportunity at various levels of the process leading to his suspension to make representations as to why he should not be suspended.
"In particular, he had the fullest opportunity and did, in fact, state his case when he appeared before the integrity commission as well as in other meetings of the NEC and other meetings of the leadership of the ANC.
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"On this, we, therefore, conclude that the principles of natural justice including audi alteram were observed prior to his suspension.
"The grounds of which Mr Magashule challenges his suspension is non-compliance with rule 25.70 and non-compliance with rule 16.9 of the ANC constitution. In our view and again for the reasons given, we do not believe that these contentions have any merit."
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Magashule had also asked the court to deem his letter suspending Cyril Ramaphosa as ANC president declared lawful until lawfully nullified.
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