The decision by the suspended Secretary-General to take the ANC to court has surprised party president Cyril Ramaphosa.
Ace Magashule is challenging his suspension by the ANC NEC.
Ramaphosa said Magashule should be the last person to question the constitutionality of the step-aside resolution.
“For the Secretary-General to decide and take his own organisation to court and to question the constitutionality of the very constitution that he’s been implementing and adhering to is a big surprise,” Ramaphosa said.
“This is unprecedented but we will obviously need to go through that. The matter is sub judice and we must let the process run its full course.
Earlier this week, Ramaphosa was equally frank in an interview with France24 in Paris when asked about Magashule’s battles with the party.
“When you are president, you are attacked by anybody. I carry on with my work,” Ramaphosa said.