Magashule got an ‘ample hearing’ even though he didn’t legally require one, ANC lawyer tells high court

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There was no legal requirement that Ace Magashule be given a hearing before the secretary-general was suspended, the ANC told the high court on Friday, but he got one anyway.

However, Trengove argued that the section of the constitution used to suspend Magashule was a precautionary measure and not a disciplinary one.says where an ANC office bearer has been indicted on criminal charges, they may be suspended if it is in the best interests of the organisation.

The idea, said Trengove, was to safeguard the interests of the organisation because how could an organisation committed to fighting the scourge of corruption have in its senior leadership someone who had been indicted on corruption charges. Trengove cited a judgment from the Constitutional Court that held that where a suspension was precautionary, rather than punitive, there was no need to afford the suspended person a hearing.

He said even if the court were to disagree and find the suspension provision in the constitution was punitive, there was a long line of cases that required the court to find that a right to a hearing would then be implied in the ANC’s constitution.

 

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