The South Gauteng High Court has dismissed, with costs, the application of individuals wanting to be part of Ace Magashule’s case as intervening parties.

Magashule is contesting the constitutionality of the ANC step-aside resolution that culminated in his suspension as a member of the party and its Secretary-General.

Judge Jody Kollapen sent applicants Nkosentsha Shezi and businessman, Mutumwa Mawere, packing with costs of three senior counsels.

“In the intervention application by Mr Mawere is dismissed with costs and Mr Shezi is struck from the roll with a lack of urgency with costs. It is so ordered,” said Judge Kollapen.

Magashule’s challenge, however, was heard on Thursday.

His legal representative, advocate Dali Mpofu, slammed the governing party’s decision to suspend its Secretary-General as unconstitutional, saying it is in violation of the country’s constitution, which clearly stipulates that one is innocent until proven guilty.

“If 25.70 is not justifiable then the SG must be reinstated, if it is justifiable then he must remain suspended. it’s that simple,” he said.

The hearing continues on Friday.