Attorney for suspended ANC General Secretary Ace Magashule, Attorney Dali Mpofu SC, did not tell the truth in his post that President Cyril Ramaphosa’s attorney stated that their client would not be told by them when to file papers, since he is number one.
This is one of the reasons the full bench of the Johannesburg Supreme Court made available on Monday for Magashule’s permission to appeal a decision that his suspension was lawful and constitutional , to refuse.
During the original motion that Magashule had made against the ANC and Ramaphosa, the latter was late in filing his affidavit, but requested a toleration granted by the court.
This was not the only petition Magashule received in its desperate attempt to get a second bite, appears to have raised his suspension, according to the ruling.
Another reason is his misinterpretation of the court order confirming his suspension, in relation to his plea that the court should accept the entire Ramaphosa affidavit and some documents from the ANC and its Deputy Secretary-General Jessie Duarte.
Magashule alleged that the court had rejected his request in this regard with costs, including the costs of three lawyers, including the costs of duplicated documents, although these Costs actually stated in the judgment would “exclude” the costs of duplicate documents.
The court ruled that Magashule would be in a black and white court decision to convert “exclude” into “include” and thus the court could wrongly accuse in the ruling on the application for admission.
For these and other reasons, the court took the view that it “was of the opinion that a higher” court [would] not come to a different conclusion in this regard “and thus” will the Application for admission of the appeal rejected with costs, including the costs of three legal representatives “.