The court ruling may be the final nail on Magashule’s coffin at this weekend’s ANC national executive committee meeting
, when it dismissed, with costs, his challenge to his suspension from his position in the party.
Kollapen said: “The presumption of innocence is a specified constitutional right that rises only in the context of an accused’s right to a fair trial … Rule 25.70 does not relate in any manner whatsoever to a trial and therefore the attempt to apply in the context of rule 25.70 is misplaced and not sustainable.”
Magashule had said that the rule was a “narrowing” of the resolutions of the party’s 54th conference, under which all members implicated in corrupt activities had to vacate their positions. He said it was tailored to selectively target him because he was a threat to Ramaphosa’s likely bid for re-election as ANC leader next year.
“While it may well be argued that on a level of principle, an unlawful suspension may have a potential to impact on the dignity of an individual, if the suspension accords with the ANC’s constitution and the jurisdictional requirements set out, then it can hardly be contended that it stands to be set aside because its effect infringes upon or impares the dignity of Mr Magashule,” Kollapen said.
“He participated in all the processes relating to the development, formulation and adoption of the resolutions at the conference in this matter including the resolutions of the NEC on the guidelines and the implementation of the step aside principle,” said Kollapen.
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