Ace Magashule's legal team vows to rid ANC of 'factionalism and unfairness'

• Ace Magashule's supporters will have an opportunity to air their views in court, in a separate case.
• They say they want to rid the ANC "of factionalism and unfairness". 
• The case is expected to wrap up on Friday. 

Suspended ANC secretary-general Ace Magashule's legal team issued a statement which said they would not be deterred "from exercising our right to rid our movement of factionalism and unfairness".

The statement was issued by Luthuli House staffer and spokesperson for the now-disbanded Umkhonto we Sizwe Military Veterans Association, Carl Niehaus.

He welcomed the earlier ruling on Thursday by a full bench of judges, in the Johannesburg High Court, that the case by a group of ANC structures and two members, to intervene, should be heard separately.

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The group, comprising of two branches and a region in the Free State, as well as two Free State members, argued the ANC's resolution at its 2017 Nasrec conference, that those who are charged with serious crimes should step aside, was unconstitutional. 

Magashule, in his case, doesn't dispute the validity of the resolution itself, but argues that the way this resolution was interpreted and applied by the party's leadership was wrong.  

The statement, which was issued on behalf of "senior council [sic], and legal team of the secretary-general of the ANC", led by Dali Mpofu, said the branches would "immediately" file a separate application to have their case "determined on its own merits". 

They said: 

In what could only be a reference to the ANC, the legal team said: "No amount of spinning and propaganda will deter us from exercising our right to rid our movement of factionalism and unfairness." 

Despite the hearing being conducted on a virtual platform, a group of Magashule's supporters converged in front of the Johannesburg High Court to show their support.

Some were pictured with Niehaus, who was in camouflage uniform. 

In his arguments on Thursday afternoon, Mpofu argued that Magashule's suspension was an infringement of his constitutional rights of participating in political activity.

He also said the resolutions from the ANC's 2017 conference were selectively interpreted to suspend Magashule while protecting President Cyril Ramaphosa, who has been accused of using money to campaign to be elected ANC president.

The case is set to wrap up on Friday, with Wim Trengove arguing for the ANC. 

Magashule was suspended by the party last month after he refused to step down to allow for his corruption case to run its course.