Bandile Masuku threatens to take legal action against ANC
Masuku's legal team says that he is considering his legal options as he has not been provided with a charge sheet, 20 days after his temporary suspension
Former Gauteng health MEC Dr Bandile Masuku has dusted off his boxing gloves and is preparing to fight the ANC over his temporary suspension from the party.
Masuku is threatening to take legal action against the Gauteng ANC to challenge his temporary suspension, as he claims he was not afforded an opportunity to comment on the charges before he was suspended.
His lawyers said that he was “considering his legal options” to protect his membership rights, in line with rules of the ANC and its constitution. According to his lawyers, some 20 days after his suspension, Masuku has not received his charge sheet from the Gauteng ANC’s disciplinary committee.
“We do not doubt that a fair and impartial court of law, will find in our client’s favour and grant our client the relief he seeks so that, in the end, justice can be done and be seen to be done,” a statement issued on Friday reads.
Meanwhile, Masuku’s high court application to review and set aside the SIU report that was used to sack him will be heard by a full bench of judges in January next year, his lawyers said.
“The full bench of judges in the court will hear our client’s matter on January 21, 2021, following further exchange of legal papers by the parties in the matter over strict time limes from November 20, 2020, and by December 7, 2020, to allow the judges to consider the matter,” reads the statement.
His legal team said Masuku welcomed the decision to allocate a full bench, as it shows the significance of the case.
Masuku's legal team said the case strikes at the core of foundational principles of good governance in SA, which include the separation of powers and the distinct roles between executive authorities and accounting officers in the government.