Magashule accused of ‘abusing court’s platform’
LAWYERS representing President Cyril Ramaphosa and the ANC have accused senior counsel advocate Dali Mpofu and suspended ANC secretary-general Ace Magashule of abusing the courts in a bid to launch a “scurrilous” attack on judges and the president.
Representing Magashule in his suspension case yesterday, Mpofu accused three Johannesburg High Court judges of judicial bias.
Magashule’s matter returned to Gauteng High Court Division in Johannesburg as he sought leave to appeal its previous judgment.
The High Court previously ruled that the ANC was within its right to suspend Magashule after he failed to comply with its step-aside rule.
Mpofu yesterday based his argument on three broad areas, including the legal issues, merits of the case and judicial bias. While arguing the judicial bias point, Mpofu said the lower court pre-judged the matter and prejudiced his client and that he believed a higher court would come to a different conclusion. But Judge Jody Kollapen asked Mpofu to clarify his point.
“Are you saying that this case was determined on the basis of a pre-judgment?” asked Kollapen. Mpofu agreed.
“Yes, we are saying that the matter was prejudged and I am not saying in the overall outcome in the case, I am talking about the specific issue of the authority of Miss Duarte. Remember that is a pivotal issue in this case which would determine whether the suspension was lawful or unlawful. So, prejudging that issue is just as good as prejudging the whole case, in a particular sense,” he said.
However, advocate Wim Trengove – acting for Ramaphosa and the ruling party – argued against Magashule’s submission and called for the matter to be dismissed with costs.
“The purpose of this case is to abuse the courts and use it as a springboard to launch a scurrilous and scandalous attack on the bench with no justification at all. The introduction of a supplementary heads of argument is merely to abuse the court’s platform to insult the president,” Trengove said.
Trengove stuck to the argument that there was nothing unconstitutional about Magashule’s suspension.
Magashule was suspended by the party in May. Mpofu argued that the step-aside rule was implemented “factionally”. He pointed out that Ramaphosa’s recent Cabinet reshuffle and appointments of certain ministers had also included ANC members facing serious corruption charges. He argued the reshuffle indicated the “selective and factional” application of the stepaside rule as some ANC members facing serious corruption allegations were promoted and retained.
In his application, Magashule cited newly appointed finance minister Enoch Gondongwana, Minister in the Presidency Mondli Gungubele, Deputy Minister in the Presidency Zizi Kodwa and Minerals and Energy Minister Gwede Mantashe and claimed they too face serious allegations of corruption.
Judges Kollapen, Sharise Weiner and Edwin Molahlehi stood the matter down and assured the parties they would deal with the matter urgently and that judgment would be handed down soon.