The chances of a successful appeal to the Constitutional Court by suspended African National Congress (ANC) secretary-general Ace Magashule are "slim to non-existent".

This was the view two legal experts, Lawson Naidoo and advocate Viwe Notshe, expressed to News24 on Thursday morning. 

Their comments follow the Supreme Court of Appeal's (SCA) dismissal on Monday of Magashule's application for leave to appeal his suspension as ANC secretary-general. In a ruling dated 25 January 2022, the SCA ruled that Magashule's application for leave to appeal "is dismissed with costs because there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard".

On Wednesday, Magashule said he would take the matter to the Constitutional Court. He spoke outside the home of former minister Tokyo Sexwale, where he had gone to pay his respects after Sexwale's mother's death,

"I think on the basis of the decision of the Supreme Court of Appeal on Monday, which ruled that there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard, Magashule's chances of successfully petitioning the Constitutional Court are very slim," Naidoo said.

Notshe said the embattled Magashule had to overcome a severe obstacle which was to convince the apex court that there is a constitutional implication in the matter. 

"Since the [Constitutional] court may only hear constitutional matters, an applicant must show that the case raises matters with some constitutional bearing. If the matter does not raise any constitutional issue, then the court will not hear it. The second thing is that he (Magashule) also has to show that there are prospects of succeeding on appeal," Notshe added.

Magashule petitioned the SCA after failing to persuade the Gauteng High Court in Johannesburg to grant him leave to appeal last year. He approached the SCA, hoping it would overturn the High Court's decision.

Magashule also wanted the SCA to reverse the High Court's finding that there was nothing unconstitutional about the ANC's " step-aside" resolution.

Magashule has been suspended since May 2021 due to a pending criminal case against him.