Western Cape High Court Dismisses EFF's Challenge Against Madonsela's Reversal

The Western Cape High Court has dismissed an application by the Economic Freedom Fighters (EFF) and the African Legal Practitioners Association against Parliament's Impeachment Committee. The committee had rescinded its decision to recommend advocate Thandazani Madonsela to serve as evidence leader in the Section 89 inquiry into alleged misconduct by President Cyril Ramaphosa.

The EFF had argued that the committee acted in bad faith when it reversed its decision to appoint Madonsela. However, Judge Chantel Fortuin stated that the full bench was divided, but the majority judgment dismissed both applications. The judge noted that there were two judgments in the matter, with the dissenting judgment suggesting that the committee's decision to rescind the recommendation should be reviewed and set aside.

The Impeachment Committee had argued that it was unaware Madonsela had provided legal advice to a parliamentary study group on the impeachment matter, which could be perceived as a conflict of interest. As a result, the committee rescinded its decision to recommend Madonsela for the role. The committee has not met for over two months since the legal applications were first launched.

The Section 89 inquiry relates to allegations of misconduct by President Cyril Ramaphosa in connection with the theft of funds from his farm, Phala Phala. The EFF and African Legal Practitioners Association had sought to overturn the committee's decision to cancel Madonsela's appointment as evidence leader.

Judge Fortuin said the full judgments with reasons for the decisions would be circulated to the parties involved. The dismissal of the EFF's application means that the committee's decision to rescind Madonsela's appointment will stand.

The Impeachment Committee's decision to drop Madonsela as evidence leader was defended by Parliament, which argued that the committee had acted in good faith. The committee had also denied allegations of bad faith in its decision-making process.

The outcome of the court case is a significant development in the Section 89 inquiry into President Ramaphosa's alleged misconduct. The inquiry's progress will be closely watched, particularly given the controversy surrounding Madonsela's initial appointment and subsequent reversal.

Key points

• The Western Cape High Court has dismissed the EFF's application to overturn the Impeachment Committee's decision to cancel advocate Thandazani Madonsela's appointment as evidence leader.
• The EFF had argued that the committee acted in bad faith when it reversed its decision to appoint Madonsela.
• The committee had rescinded its decision due to a potential conflict of interest, as Madonsela had provided legal advice to a parliamentary study group on the impeachment matter.