Cape Times

DEFIANT MAGASHULE SUSPENDS RAMAPHOSA

- PIET RAMPEDI AND BALDWIN NDABA

DEFIANT ANC secretary-general Ace Magashule has rejected his temporary axing by the ANC, saying the move is unconstitu­tional, factional and flawed because the suspension letter was signed by his deputy Jessie Duarte who had no powers to do so.

Magashule said last night he had since suspended President Cyril Ramaphosa as ANC leader in terms of resolution 8.2 of the party’s 54th national conference held at Nasrec in 2017. He urged ANC members not to “bow” to illegal and unconstitu­tional actions.

But ANC spokespers­on Pule Mabe said the party’s decision to suspend Magashule stood, adding: “The NEC will be meeting over the weekend and will accordingl­y respond to the secretary general. The ANC requested that the secretary general respect the decisions of the NEC and subject himself to the discipline of the organisati­on.”

Magashule’s rejection of the decision of the ANC’s national working committee (NWC), the party’s operationa­l arm, is likely to deepen tensions and trigger a political crisis in the governing party.

Insisting that he was issuing the statement “in my capacity as secretary-general of the African National Congress (ANC)”, Magashule said Duarte “does not have the authority to issue such letters”.

“It is evident the deputy secretary-general does not have the authority to issue such letters. Thus, the letter is fatally flawed, and in fact unconstitu­tional. Furthermor­e, these letters are based on a selective and factional interpreta­tion of the relevant resolution. I herewith announce that I am immediatel­y, and formally, appealing this unconstitu­tional suspension,” Magashule said.

“In terms of the ANC constituti­on, my suspension is thus wholly suspended until my appeal has been heard and its final outcome announced. For the sake of fairness and justice to all the affected comrades who have received similarly unconstitu­tional letters, I as secretary-general – who is duty-bound to uphold the ANC constituti­on and all administra­tive processes – urge them to also follow the appropriat­e internal appeal processes. It follows that the suspension­s of all affected members will also in terms of the ANC constituti­on be suspended with immediate effect.”

“I have also, in accordance with the powers vested in me as the secretary-general of the ANC, and furthermor­e in full compliance with the relevant conference resolution­s summarily suspended the president of the ANC, comrade Cyril Ramaphosa.

“This is done in terms of Resolution 8.2 of the 54th National Conference, which states that “...Every cadre accused of, or reported to be involved in, corrupt practices accounts to the Integrity Committee immediatel­y, or faces DC processes,” he added.

Magashule also implored ANC cadres not to “bow to illegal and unconstitu­tional actions. In doing so we must protect the unity of the ANC as leader of society”.

This came after the governing party officially clipped Magashule’s wings yesterday, suspending and barring him from addressing public rallies. These strict restrictio­ns were contained in a letter of suspension which was served on him and went viral on social media platforms.

In her letter to Magashule, Duarte stipulated all the conditions which he was supposed to adhere to or face penalties.

Detailing reasons for his suspension letter, Duarte said: “You have been indicted to appear in a court of law on charges of corruption and fraud, alternativ­ely theft and money laundering. On May 3, 2021, the NWC, acting in terms of Rule 25.70 read with Rule 13.8, instructed that letters be written to all the affected members, including yourself, to inform you that it has been decided that their temporary suspension would be in the best interest of the organisati­on.

“Accordingl­y, on the authority of the NWC, you are hereby temporaril­y suspended with effect from May 3, 2021, until the final outcome of your court proceeding­s.”

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