ANC statement on High Court Judgment: ES Magashule versus ANC

9 July 2021

The ANC notes and welcomes the decision of the High Court to dismiss, with costs, the challenge by suspended Secretary General Cde ES Magashule to his suspension and the constitutionality of provisions of the ANC Constitution, and resolutions of National Conference aimed at advancing the unity and renewal by combatting corruption and protecting the integrity of the organisation.

The Court found that the recognition by the ANC of the nature and the extent of corruption and its impact on society (and on the ANC), triggered the need for decisive action by the party and that the call for decisive action resonates with the objectives of the ANC as set out in its constitution, in particular, the commitment to social justice and the elimination of inequality.

The Court also found that the ANC, through its constitution, created the model and mechanisms best suited to its structure and needs. The Court found that, provided that such a model, evidenced by the ANC's constitution, is consistent with the Constitution of South Africa and further, provided that the ANC is loyal to its own constitution, it is largely left to the ANC to best regulate its internal functioning.

It underscored the fact that all members of the ANC sign on to these provisions when they elect to be a part of the ANC and this is the glue that binds them together.

The Court was satisfied that the ANC constitution is consistent with that of the country and that the decision to suspend Cde Magashule was: (a) effected in terms of the ANC constitution; (b) was precautionary in nature; and (c) complied with the law relevant to precautionary suspensions. It was also satisfied that his suspension accorded with the principles of natural justice

Furthermore, the Court found that there was no basis to confirm the purported suspension of President Cyril Ramaphosa. The mandatory requirements to effect such a suspension in terms of Rule 25.70 were absent. Therefore, there was no basis to activate Rule 25.70 as Cde Magashule purported to do in support of his decision to suspend the President.

The Court found that Cde Magashule had not made out a case for the relief he seeks and accordingly dismissed his application.

The ANC welcomes the judgment in the context of the process of unity and renewal of the ANC as evidenced by ongoing and consistent implementation of the resolutions of the 54th National Conference such as the new ANC membership system; the establishment of an ANC Electoral Committee to oversee the selection of candidates and internal ANC leadership elections; its internal dispute resolution machinery; as well as the work of the ANC Integrity Commission. Cumulatively, these interventions are consolidating the renewal of the ANC and making it a more effective instrument of liberation in the hands of the people.

Issued by Pule Mabe, National Spokesperson, ANC, 9 July 2021