Dali Mpofu questions late filing of papers in Ace Magashule vs ANC case

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ANC president Cyril Ramaphosa and deputy secretary-general Jessie Duarte could not “simply strut along” and file their court papers late without explanation or excuse, said Ace Magashule’s counsel, Dali Mpofu SC, in court on Thursday.

Mpofu was addressing the Johannesburg high court in the suspended ANC secretary-general’s bid to have his suspension set aside and the ANC’s “step-aside rule or regime” declared unconstitutional. Under the step-aside regime, when an ANC member is charged with a serious criminal offence, they should step aside from their position. If they do not, they may be suspended.

The hearing got off to a slow start on Thursday morning with the court first having to hear and decide three applications to intervene in the case, all of which were dismissed. Magashule’s team then addressed the court on preliminary matters, saying that Ramaphosa and the ANC team had been late with some of their court papers, had duplicated documents and included “irrelevant” material.

If the court was not going to disregard the late-filed court papers, then it should at least punish Ramaphosa and Duarte with a punitive costs order, he said. After the lunch break it was expected that Mpofu would get to the heart of the case. Magashule wants the court to declare as unconstitutional the section of the ANC constitution which allows the suspension of an office-bearer who “has been indicted to appear in a court of law on any charge”.

 

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but it's not a new phenomenon in litigation and court practice. Parties to the case often do that.

Watch Mpofu lose this one, again Gets boring doesn't it

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