Magashule’s legal team accuse 3 high court judges of bias for ‘pre-judging’ case

SUSPENDED ANC secretary-general Ace Magashule's legal team accused three Johannesburg High Court judges of judicial bias in his suspension case – which he took to the courts to overturn.

Magashule returned to the Johannesburg High Court yesterday, where he sought leave to appeal its decision to uphold his suspension from the ANC.

Magashule was suspended by the governing party in May, in a letter signed by ANC deputy secretary-general Jessie Duarte, in which the party said that he would be temporarily suspended until the outcome of his legal proceedings.

His suspension came after the ANC's deadline for leaders, implicated in and facing corruption charges before the courts, to step aside from their roles had passed.

Representing the suspended leader, advocate Dali Mpofu SC based his argument on three broad areas – 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.

They believe a higher court will come to a different conclusion.

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,” Mpofu said.

The high court ruled that the ANC was within its right to suspend Magashule after he failed to comply with its step-aside rule.

While Mpofu argued that the step aside rule was implemented “factionally”, advocate Wim Trengove, for President Cyril Ramaphosa and the governing party, stuck to their argument that there was nothing unconstitutional about Magashule's suspension.

Trengove said the step-aside rule was “an important mechanism designed so that people suspected of corruption did not occupy positions of power”.

He also argued that Mpofu abused the courts as a “springboard” to launch a “scurrilous” attack on Ramaphosa.

He submitted that leave to appeal be dismissed with costs.

However, Mpofu argued that Ramaphosa's recent Cabinet reshuffle and appointments of certain ministers had also included ANC members facing serious corruption charges.

He argued that the reshuffle indicated the “selective and factional” application of the stepaside rule.

Judges Kollapen, Sharise Weiner, and Edwin Molahlehi stood the matter down and assured the parties they would deal with it urgently, and that judgment would be ready soon.