Magashule vs ANC case a lesson that internal party issues should not involve courts: Analyst

Legal expert, Sanusha Naidoo, says the dismissal of ANC’s suspended Secretary-General Ace Magashule’s case by the High Court in Johannesburg is a lesson that internal party issues should not involve courts.

Last month, Magashule had asked the court to lift his suspension for failing to vacate his position following a directive under the ANC’s step-aside resolution.

The resolution stipulates that all criminally charged members must step-aside until their cases have been finalised.

Magashule also wanted the court to declare the ANC constitution to be inconsistent with the country’s Constitution.

Naidoo says the judiciary gets nervous around political cases.

“There is a political connotation to these things. The fact of the matter is the pronouncement that was made around checking to see whether rule 25.70 was legal was justified. It had political connotations. You can’t ignore it and I think that when you start using the courts to fight these political battles then, of course, the court gets nervous and I think in this case the court realise that in the context of what was happening I mean the entire application has been dismissed.”

Magashule has instructed his lawyers to appeal the Johannesburg High Court ruling dismissing his application to have his suspension set aside.

Magashule says he is confident that a higher court will preside over the case without fear, favour, or prejudice. He says he believes the Supreme Court of Appeal will come to a different outcome.

In the video below, Judge Jody Kollapen hands down judgment: