The Gauteng High Court, on Friday, dismissed African National Congress (ANC) secretary-general Ace Magashule’s bid to overturn his suspension, saying the party’s step aside rule cannot be ruled unconstitutional.

Last month, Magashule had asked the court to lift his suspension for failing to vacate his position following a directive under the ANC’s step-aside resolution. The resolution states that criminally charged party members should step aside from their positions until their cases are concluded.

Magashule said the party's Rule 25.70 in its constitution, that those who have been charged with serious crimes in a court of law should step aside, undermined the constitutional principle of innocent until proven guilty.

Delivering the judgment Judge Jody Kollapen said the application was dismissed with costs, including the costs of the three counsel.

The court ruled that the ANC was permitted to instruct those who were criminally charged to step aside from their positions, adding that the ANC's rule in suspending Magashule was in line with the party’s constitution.

Magashule is facing fraud and corruption charges relating to a R250-million asbestos project while he was premier of the Free State.

“The decision to suspended Magashule was effected in terms of the ANC constitution . . . and complied with the law relevant to the ANC constitution," Kollapen said.

The court pointed out that Magashule was afforded a hearing before being suspended and that he participated in that process, adding that it cannot be contended that his rights were violated as it was in line with the ANC’s constitution.

The court also dismissed Magashule’s attempt to suspend ANC President Cyril Ramaphosa.

The court said that a person must be criminally charged for rule 25.70 to apply, adding that Ramaphosa was not charged so it was "simple logic" that it did not apply to Ramaphosa.

Kollapen said there was no substance to Magashule's view that in the absence of a challenge by Ramaphosa's of that suspension, it stood.