In any country where judges are not bribed, the law would have been on Ace's side.
1. The SG is the only person empowered with the right to issue suspension letters to national appointees of the ANC, incl President. The DSG doesn't have such powers unless she's acting as the SG.
2. The NEC, followed by the NWC, issued an instruction to the SG to suspend people "accused" of "corruption", so the SG is acting according to the instruction given. The names of the people can only be determined by the office of the SG as handed over to him by the branches.
3. By the time, 3 May, that the SG suspended the President, he was still a full member and the SG as his suspension was only in effect after he issued a suspension letter to the Ramaphosa. But here's the confusion, both parties claim to have issued letters before one another.
4. Even if the SG was suspended first, the appeal rules of the ANC suspends the suspension until an outcome of the appeal. This means that the SG, since he has appealed his suspension, is still a full member and empowered SG and thus can suspend away as instructed by the NEC/NWC.
5. The President Ramaphosa then is lawfully suspended and can only appeal to stay his suspension, which he'll probably do.
6. The battle is going to be whether the President is indeed being "accused" of "corruption". The Ramaphosa faction claims that the resolution applies to court proceedings, while Ace's faction claims that it applies to mere allegations or even instances where cases were opened.
7. The step aside resolution is wide enough to include mere allegations and matters reported to the police, in that sense the SG is right to claim that the President has been reported for "corruption". The President can argue that the meaning should be narrowed to court cases.
8. What can NEC do? In a country where there is a rule of law, nothing! The SG's appeal has suspended his suspension as such he's the SG. The President can only plead his case at the appeal otherwise his participation in ANC matters is unlawful. But will rule of law prevail?
9. Best scenario is for the President to appeal his suspension, thus subjecting himself to the constitution of the ANC, and also staying his suspension so he can continue his duties as the ANC President. As seen with Supra, the appeal thus stay the suspension. But will he appeal?
10. The people who holds all the cards in this scenario are the Appeals Committee members of the ANC, who are not voted for by the branches. Do they have powers to confirm the suspension of the elected officials of the ANC? On paper they do. But in reality, can they defy branches
11. Both parties can go to court to fight their suspension, and we both know our courts are rigged. If that happens, the ANC President will win his case and the SG will lose. This is the best option for the President so he can inflict a killer blow to Ace.
#AceSuspendsCyril
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