ANC serves expulsion notice in absentia to elusive Ace Magashule
-
Loading... - Michael Frida
- 06 Jun 2023
- 73 Views
- 0 Like
- 0 Comment
The African National Congress (ANC) has rendered its verdict against Ace Magashule, the former secretary general, despite his absence throughout the prolonged disciplinary process. The party's actions are expected to culminate in his expulsion from the governing party.
The decision to penalize Magashule stems from his attempt to unilaterally suspend President Cyril Ramaphosa in May 2021, citing alleged vote-buying during the #CR17 campaign. Accusing Ramaphosa of manipulating the organization's leadership election, Magashule's actions warranted sanctions.
In its report dated May 28, the party's national disciplinary committee (NDC) revealed that it had deliberated over the matter, even in the absence of Magashule or his legal representative. Despite their unsuccessful attempts to locate him, the committee, led by chairperson Ralph Mgijima, concluded that proper notice had been given regarding the date, venue, and time of the proceedings, although the hearing papers were not served to him.
The report explained that Magashule was required to personally receive a summons to appear at the hearing, but his former legal representative, Mathews Phosa, who also served as the ANC treasurer general, had resigned. Efforts to serve Magashule with the Notice of Set Down on May 15 at his Bloemfontein residence proved futile. The officer responsible for the service stated, "I affixed a copy of the Notice of Set Down to the security gate of Sekgobela Ace Magashule's residence, which was locked, thereby preventing alternative service."
According to the report, Mosidi Motsemme, reportedly a friend of Magashule, informed the officer that the ousted ANC leader was in Johannesburg and refused to accept the service. Consequently, the officer resorted to inserting the summons through the gate, as documented in the report.
Therefore, the report held Magashule accountable for not attempting to obtain the login details for the virtual hearing, which would have allowed his participation in the proceedings.
Additionally, the report revealed that the ANC's prosecutor, known as the chief national presenter, encountered difficulties in serving Magashule with the charge sheet at his other residence in Sasolburg. The deputy sheriff had to intervene once again.
Among the charges listed in the report, Magashule was accused of suspending Ramaphosa in May 2021 without consulting the ANC's top structures, including the national executive committee (NEC). Moreover, he allegedly failed to apologize to Ramaphosa within the stipulated 48-hour period, as directed by the NEC. Consequently, the ANC charged him with misconduct.
Uriel Abrahamse, the chief national presenter, represented the ANC during the hearing, with support from Mongezi Ntanga, Amanda Vilakazi, and Mohammed Bhabha. Ntanga led the ANC's case.
The lengthy process was further delayed in November 2021 when Magashule, a month after receiving the charge sheet, applied to the court to validate Ramaphosa's suspension. Consequently, an apology was deemed unnecessary until the legal matters were resolved.
After exhausting his legal options and facing dismissals from both the Supreme Court of Appeal and the Constitutional Court in June and August 2022, respectively, Magashule remained elusive. In November 2022, Phosa, unable to locate Magashule, requested a postponement. The condition set was for both parties to submit written arguments on the merits, but only the ANC complied.
In January, when proceedings were scheduled, Phosa objected, citing the need for the appointment of new NDC members following the national conference held the previous year. "The NDC resolved to await the NEC's appointment of NDC members," stated Mgijima in the report. He further emphasized that none of the dates promised by Phosa between November 7, 2022, and January 19, 2023, materialized.
Although a new NDC was appointed in March, Phosa severed ties with Magashule's camp. Last week, Mgijima proceeded with the hearing in Magashule's absence, found him guilty, and granted him a seven-day period to present his defense.
