Magashule is facing 21 charges of corruption related to a controversial Free State asbestos tender, worth more than R200m, which was awarded during his time as premier of the province.
ANC president Cyril Ramaphosa confirmed Magashule’s appearance on Tuesday.
After the appearance, the ANC’s top six officials will process the outcomes and determination before reporting to the party’s national working committee and the national executive committee (NEC).
Ramaphosa said this will be done within the context of the guidelines that the party’s top officials have been tasked with putting together.
The guidelines will prescribe processes to be followed when ANC members are formally charged with, convicted of, or reported to be involved in, corruption or other serious crimes, said Ramaphosa, who was delivering his closing remarks to the party’s final NEC meeting for the year.
He said the NEC has taken note of the legal opinions that were solicited by the officials.
“While technical legal opinions are important as background information, as a voluntary organisation the ANC is duty-bound to follow its constitution, its rules, conference resolutions and NEC decisions as well as of course it should operate within the parameters of the constitution and the laws of the republic,” he said.
The ANC sought the legal opinions after some party leaders — who are facing criminal charges and other allegations of wrongdoing — refused to “step aside”, questioning the legality of the resolution that they should do so.
Ramaphosa said this weekend’s meeting reaffirmed the resolutions and NEC decisions on issues of corruption and other forms of wrongdoing.
“We confirm the firm stance we have taken on corruption and wrongdoing within our ranks and within society. There will be no dilution of the position that we have taken in this regard.
“We will fully implement the mandate of the 54th conference and the decisions made by the NEC, understanding that these are fundamental to the renewal of our organisation and to the restoration of the credibility of the movement among South Africans,” said Ramaphosa.
He said this had been a clear mandate of the party’s last national conference in 2017 which was reaffirmed by NEC meetings held in July and August that the party needs to draw “a very clear line in the sand between the organisation and those who steal and those who commit other crimes against our people”.
“The NEC stressed that there can be no retreat from this position. We will be consistent and we will also be even handed in the application of these decisions and we will ensure that fair and due processes are followed,” he said.
He said the guidelines on the stepping aside resolutions will be drafted in consultation with provincial structures and the party’s leagues as they too faced similar challenges.
Image (ANC SG, Ace Magashule to face ANC’s Integrity Commission).