South Africa's Impeachment Committee has filed a response to legal challenges brought by the Economic Freedom Fighters (EFF) and the African Legal Professionals Association against its process to appoint an evidence leader for the Section 89 inquiry. The committee had previously rescinded a decision to recommend Durban advocate Thandazani Madonsela for the role due to concerns over potential conflicts of interest. Madonsela had provided legal advice to the African National Congress (ANC) on this matter.
The Impeachment Committee, led by chairperson Makashule Gana, had initially recommended Madonsela for the role but later rescinded the decision after new information came to light. The committee argues that it was within its rights and powers to rescind its own decision, citing concerns over a potential conflict of interest. The evidence leader is expected to steer the questioning into the theft of US dollars from President Cyril Ramaphosa's Phala Phala farm in 2020.
The African Legal Professionals Association wants the Western Cape High Court to set aside the Impeachment Committee's decision to backtrack on the recommendation of Madonsela as the inquiry's evidence leader. They argue that the committee misconstrued its powers, behaved irrationally, acted arbitrarily, and in bad faith. In a similar application, the EFF argues that the committee used its numbers to unlawfully reverse the decision.
Committee chairperson Makashule Gana said that after the committee took a decision to recommend Madonsela, no further action was taken. He points out that no instruction was given to the State attorney to appoint him, no agreement was concluded, neither was a brief issued. Gana argues that the committee's decision to rescind its decision carries no legal effect.
The Impeachment Committee's response to the legal challenges emphasizes that the applicants are asking the court to decide on Parliament's legal counsel and to convert a professional recommendation into an entitlement. The committee believes it was within its rights to rescind the decision and will now look to finalize the terms of reference for the inquiry.
The inquiry is related to the theft of US dollars from President Cyril Ramaphosa's Phala Phala farm in 2020. The committee is currently facing legal challenges over its decision to rescind the recommendation of Madonsela as the evidence leader. Gana said that only the Constitutional Court can decide whether the committee is failing to carry out the process as intended by the supreme law.
The Impeachment Committee's process to appoint an evidence leader has been put on hold due to the legal challenges. The committee will now await the outcome of the court applications before proceeding with the appointment. The Section 89 inquiry is a critical process that aims to investigate allegations of misconduct by President Ramaphosa.
Key points
- The Impeachment Committee has filed a response to legal challenges against its process to appoint an evidence leader for the Section 89 inquiry.
- The committee had previously rescinded a decision to recommend Durban advocate Thandazani Madonsela for the role due to concerns over potential conflicts of interest.
- The inquiry is related to the theft of US dollars from President Cyril Ramaphosa's Phala Phala farm in 2020.
