Impeachment committee rescinds Madonsela&#x2019s nomination as evidence leader

The impeachment committee rescinded Advocate Thandazani Madonsela’s nomination as evidence leader in the Ramaphosa Phala Phala inquiry,citing perceived bias concerns.The ANC and PA argued Madonsela’s prior legal advice to the ANC and removal from the JSC by Ramaphosa created a conflict perception.The committee voted 18-9 to rescind the nomination; new candidates will be nominated by Friday,with a decision expected next week.For more political news,visit News24 Politics.

The impeachment committee rescinded its decision to nominate Advocate Thandazani Madonsela,SC,as the evidence leader of its impeachment inquiry into President Cyril Ramaphosa over Phala Phala.

With the ANC and PA leading the charge,the parties in the GNU argued that there is a perception that Madonsela is biased against Ramaphosa,warranting a turnaround.

Madonsela was nominated by the EFF and MKP in a process in which all parties could nominate potential evidence leaders.

On 5 August,the committee voted nine to recommend Madonsela as its chief evidence leader,with 11 ANC members abstaining.

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The evidence leader’s role is to identify and present evidence to the committee – not to make findings or decide the outcome. Madonsela disclosed before the vote that he had previously been briefed to provide legal opinions on impeachment-related matters,but described his client as a parliamentary study group.

READ | Madonsela rebuts president’s objections to his impeachment evidence leader appointment

Two days later,ANC secretary-general Fikile Mbalula wrote to Speaker Thoko Didiza declaring that Madonsela had been briefed by the ANC in June and July to advise on the very impeachment rules and draft terms of reference under which the enquiry now operates. The ANC stated the letter was “not an objection” and did not question Madonsela’s integrity or independence,but was made to ensure the information was on the record before the appointment was finalised.

Ramaphosa wrote to the committee on 18 August – the evening before its previous meeting – objecting to Madonsela’s appointment,citing two grounds: that he removed Madonsela as his appointee to the Judicial Service Commission in 2022,creating a “reasonable apprehension” that Madonsela might harbour a grievance; and that Madonsela’s prior legal advice to the ANC gave him insight into the impeachment process that another evidence leader would not have. He submitted that the appointment “should not be confirmed”.

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Parliament’s legal advisors had advised the committee that while there was no actual conflict of interest,it should formally deliberate on the objection because the ANC’s identity as Madonsela’s client was not expressly before the committee when it voted. They offered two options: confirm the recommendation after recording reasons,or rescind it and reconsider. The committee chose the latter.

ANC MP Cameron Dugmore said when the committee voted on 5 August,all the information was not available and the legal instruction came from the ANC’s head office,not the study group.

“What should be seen in a very dim light is that there is no mention made of the organisation.”

Dugmore said Madonsela sided with EFF leader Julius Malema when he served on the JSC and opposed the impeachment of MKP John Hlophe,the first judge to be removed from the bench in democratic South Africa,and now the MKP’s parliamentary leader.

“I was honestly really disturbed,” said Dugmore of Madonsela’s record at the JSC,which was not before the committee.

He and other ANC MPs argued that they would put the committee at risk of further litigation. PA chief whip Marlon Daniels called Madonsela’s character into question.

READ | Ramaphosa objects to impeachment committee evidence leader

GNU partners,the DA and FF Plus,said that while there is no clear conflict of interest,there is a perception of a conflict of interest,and thus supported Daniels’ proposal that the committee rescind Madonsela’s nomination.

Opposition parties accused the ANC of filibustering and noted that Madonsela’s nomination was approved by a majority of the committee on 5 August,when the ANC abstained.

“The comrades must accept that they were defeated with the issue of advocate Madonsela at the time,” said EFF MP Omphile Maotwe.

“We know that the study groups are ANC.”

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She said there is no new material information before the committee.

Hlophe agreed.

“The whole country knew about it.”

He said the ANC continued to use Madonsela’s services after their party leader removed him from the JSC.

He said:

They have no problems with him,whatsoever,even after he was removed by the president.

The ANC chose to abstain and is now attempting a second bite at the cherry.

ATM MP Vuyo Zungula,who brought the impeachment motion back in 2022,said it was not clear how a person could be seen as biased against Ramaphosa,while he acted for the ANC

“It’s a mindless contradiction,chair.”

He noted that the president also appointed judges and senior counsels,and asked whether they should infer that they are therefore biased in favour of the president.

ActionSA chief whip Lerato Ngobeni urged the committee to continue its work and noted that the ANC abstained when the committee voted on the matter.

Ngobeni said:

The ANC has effectively hoisted itself by its own petard.

The committee took a vote,deciding 18 to nine to rescind Madonsela’s nomination. The ACDP was the only party outside the GNU to support the recision.

The committee nominates the evidence leader,and the Secretary to Parliament makes the appointment. This had not been done yet for Madonsela.

Parties have until Friday to nominate other candidates,while the committee staff will check whether the previously nominated candidates are still available. The committee will meet next week to decide on the new evidence leader and finalise its terms of reference.

Editor’s note: This article has been updated with additional information.

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