Magashule is expected to argue that the rule, which does not allow for an appeal, is unconstitutional and unlawful.
“That has been our call long before he was given a suspension letter. After he took this decision, we did not say anything. It was before he went to court; we said to him that he must exhaust all internal processes and let’s find an amicable solution, but that was before he went to court,” he said. The court challenge will be heard virtually on Thursday and Friday by a full bench.
He is also asking that the letter of suspension he served on Ramaphosa on May 5 be declared “valid and effective until lawfully nullified”. Duarte said Magashule was well aware of the processes initiated by the NEC and NWC in terms of the step-aside process and that he would be suspended if he did not comply within 30 days.
“The rule only applies to members who have ‘been indicted to appear in a court of law on any charge’. I have not been so indicted,” Ramaphosa said.
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