Ace Magashule was the ANC’s secretary-general for 12 months before he was suspended by the party. The party said it was better for him to focus on clearing his name of the criminal charges against him before he could return to his official duties.
A good chance is that by then, the Bloemfontein High Court will have made a decision on Magashule’s request for a declaration that the National Prosecuting Authority (NPA) does not have a case against him. The judge, Soma Naidoo, heard the arguments this week.
Ace Magashule. Photo: Mduduzi Ndzingi/Sowetan/Gallo Images”/>
In his fight to regain lost ground and political relevance before the ANC’s national elective conference in December, Magashule had to show up in court on Tuesday or else he would not be able to show up. Because he was premier of the Free State in 2014 when the government hired a to inspect the state’s asbestos, he’s been charged with corruption, fraud, and money-laundering.
Advocate Nazeer Cassim defended the NPA’s case vigorously and rejected claims that he had never tried a case in court. He would also say that his job was not easy, because flaws in the prosecution’s case were found out. As a result, Magashule did not get to speak to a judge before he was charged with oversight. The star witness against him turned out to be fake, and Magashule’s defense team didn’t have enough evidence to charge him with fraud because he had mentioned the project during his state of the province address as premier.
The NPA couldn’t find a single person who was connected to Magashule. Cassim used the warning statements against the suspects as proof, as well as the Hawks’ request for an arrest warrant and an email from a parent of a child who had been funded by Magashule. Only five of the more than 70 charges against Magashule were related to the funds his office had asked for to pay for student tuition fees.
In the NPA’s words, Magashule was getting “benefits of corruption” from the deals. Magashule told the media at the end of the court hearing that the charges against him were politically motivated. There was an NPA spokesperson who was not there when the court heard separate applications from Magashule’s other co-accused the day before. Nonetheless, even Magashule’s most ardent supporters were wary. When Dakota Legoete, an ANC national executive committee member, told the media that if Naidoo turned down Magashule’s application, the pre-trial hearing would take place in June. This way, he tried to keep the media from getting too excited about what was going on.
Most likely, Naidoo would agree with the prosecutor that Magashule’s complaints should be heard by a judge. In that case, Magashule would have to keep fighting. If Magashule made this decision, it would also be a two-edged sword for him. It would be difficult for him. If he appealed, the criminal case would only be put off, which would make it more likely that he wouldn’t be able to give the secretary-report general’s at the ANC’s December meeting.
Cyril Ramaphosa’s supporters would say that if he won, they would say that he was using state resources to fight for his political views. His supporters would go to every part of the country to make sure that every branch of the ANC heard and agreed with that message. Would be the start of his campaign for a leadership role at the national conference and the possibility that he could challenge Ramaphosa for the ANC presidency. This would be his first step.
Magashule would want to get his R200,000 bail money and be back at work the next day. However, that wouldn’t be so easy, either, either. Before the NEC, the body that approved his suspension could meet and hear about it, they would first have to meet and get a report. Of course, the possibility of virtual meetings might cut down on the amount of time it takes to do this.
In the meantime, there would be no reason to keep Magashule from getting into Luthuli House. His return would make his opponents in the ANC very nervous. Several regional and provincial meetings were supposed to be over by now, but they haven’t. This could mean that Magashule will be back in charge of all preparations for the national conference right away.
There’s also the fact that he won’t say sorry for suspending Ramaphosa without the ANC’s permission. However, it would be hard to suspend him again on those grounds because the case is still before the Constitutional Court. As a result, raising the issue could also backfire. It would show that the decisions against Magashule were made for political reasons, which could be used as a powerful campaign tool against Ramaphosa.
In addition to that, things could get a lot more complicated for Magashule and his party if the NPA throws in the towel and appeals a bad decision. The credibility of the prosecuting authority is at risk, so it would make sense for it to ask for permission to make an appeal like this.
There is a law in South Africa called the Superior Courts Act that allows Magashule to ask that he be released from the charges while his appeal is being heard, which he can do. To get benefits, the applicant must be able to show that he or she has been in a very bad situation, and that it can’t be fixed.
Decisions about that could be made in the ANC by the group that reviews the cases of people who have stepped down. If they didn’t like Magashule’s reinstatement, he would probably ask the NEC to intervene, so that they would agree with him. But the committee is made up mostly of people who support Ramaphosa. They might not be happy to see Magashule back.
NEC could not agree on Magashule’s reinstatement while the NPA appealed, it could be up to the delegates at the national conference to decide his fate. There are a lot of people at the convention who can change his suspension. If one-quarter of them agree, he could even be nominated for a job on the floor. Naidoo will decide Magashule’s short-term political direction, and her decision will be closely watched to see how the ANC will do in the future.
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Analysis | What happens if charges against Magashule are dropped? | Citypress (news24.com)
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