Suspended African National Congress (ANC) Secretary-General Ace Magashule served the party with court papers Friday, challenging the legality and constitutionality of his suspension.

In the papers, he wants the court to declare "the ANC steps aside rule 25.70 of the ANC constitution to be unlawful, unconstitutional, invalid and null and void."

Magashule was served with a suspension letter dated May 3 after the party implemented the resolution, adopted at the 54th Conference in December 2017, requiring any representative criminally charged to step down.

The resolution stipulates that party members charged in a court of law step aside from their positions within 30 days of being charged until their legal matters have been resolved. Magashule was charged with corruption and fraud in November 2020 after being implicated in the Free State asbestos project.

Speaking to Xinhua, Ralph Mathekga, a political analyst, said factionalism was "escalating" within the structures of the ruling party and it was clear that Magashule was challenging the ANC to "expel" him.

The last senior member being expelled was ANC League President Julius Malema who went on to form his own political party Economic Freedom Fighters.