In his application for leave to appeal the high court judgment, Magashule argues that the court erred in holding that Ramaphosa’s suspension was not lawful without giving any explanation for that conclusion
claims that his intended suspension of the party’s president, Cyril Ramaphosa, was lawful.
Magashule argues that the high court judges consequentially erred in justifying the “patently unlawful” and “draconian conduct” of evicting him from the national executive committee meeting, trying him in his absence, convicting him of violating the ANC constitution and passing a sentence of him having to apologise. in which Magashule was called to apologise for his actions publicly. The NEC also refused him entry into the virtual meeting.
Part of the battle between Magashule and the ANC rested on whether Duarte had the power, in terms of section 16.9 of the party’s constitution, to suspend him. He argues that the court’s finding that rule 25.70 is not unconstitutional in relation to the ANC constitution was an error. Magashule contends that the court erred in failing to answer whether and how all the jurisdictional requirements of rule 25.70 were met, failing which the suspension could not conceivably be lawful.
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