- Ace Magashule finds himself being sued back after he dropped his case against the ATM
- Ace's lawyers deny that they dropped the case due to its merits but due to "the unavailability of counsel"
- Buyisile Ngqulwana is suing Ace Magashule for alleging that he tried to destabilise the ANC
Ace Magashule's bluff was called and he dropped his case against the African Transformation Movement (ATM) in which he accused the party of trying to destabilise the ANC.
However, in a dramatic turn of events, the general secretary of the SA Council of Messianic Churches in Christ, Buyisile Ngqulwana has filed a counteraction against Magashule. Ngqulwana was a member of the African Transformation Congress (ATC), which then later changed its name to ATM.
Magashule had identified Ngqulwana as one of the people determined to undermine the ruling party. The case was meant to be heard on Thursday but Magashule pulled out at the last minute.
Ngqulwana said that Magashule got cold feet because he was worried that he had no real prospect of winning and some uncomfortable truths might be revealed.
“Magashule knows that there is no way he will win this case,” added Ngqulwana.
“In his application to the court, he said he had never met me and alleged that he had never made any donations to the ATM.
“I then submitted the bank statement and the email correspondence to show that his personal assistant had been in communication with me.”
Breifly.co.za discovered that the legal firm representing Magashule, Victor Nkhwashu Attorneys, has said that the case was removed due to "a lack of personnel, or the unavailability of counsel”, but that it would be reinstated at an appropriate time.
Tlelai, the consultant attorney for Victor Nkhwashu Attorneys, insisted that the case was not removed due to the lack of merit in the case.
Magashule said in his founding affidavit that, “The purpose for which I am bringing this application is to vindicate my reputation. To this end, I seek various orders aimed at vindicating my character and putting an end to the ongoing unlawfulness of the allegations in the statement, and compensating me for the harm I have suffered.”
Ngqulwana has responded and said that Magashule played a key part in the formation of the rival political party. He alleges the Magashule even donated R141 000 to help get the party started. He claims that he has proof that Magashule used a communication agency, Dots Design, to facilitate the payments, according to News24.
When Magashule withdrew the case, Ngqulwana went on the offensive and filed a counter-case against Magashule.
“Magashule has dragged my name through the mud, alleging that I was making unfounded claims when he knows the truth. I have, therefore, instructed my legal team to draw up papers demanding that he make a public apology or face a R500 000 defamation case,” said Ngqulwana.
The ATM is a relatively small party that formed in the lead up to the 2019 general elections. There were allegations that it was set up to attempt to split the ANC's votes.
ATM leader Vuyolwethu Zungula denies this and says that party was formed without any help from members of the ANC and has supported Magashule in his case against Ngqulwana.
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