African National Congress (ANC) secretary-general Fikile Mbalula has disclosed that senior counsel Thandazani Griffiths Madonsela SC previously worked for the governing party on legal questions directly connected to Parliament’s Section 89 impeachment process.
Mbalula made the disclosure in a letter to National Assembly Speaker Thoko Didiza after the Section 89 Impeachment Committee recommended Madonsela as its evidence leader for the inquiry into the burglary at President Cyril Ramaphosa’s Phala Phala farm.
Mbalula said the party believed Parliament needed to know about the previous professional relationship before the appointment process was concluded.
“A relationship of this kind is properly managed by disclosure, and disclosure is of value only if it is made before, and not after, the decision to which it relates.”
He added: “The African National Congress holds the knowledge and holds the privilege. Having satisfied ourselves that the senior counsel recommended on 5 August 2026 is the senior counsel briefed on our instruction in June and July 2026, we consider ourselves obliged to say so, in writing and on the record, while the process remains open.”
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Madonsela’s recommendation still has to pass through Parliament’s administrative and procurement processes before his appointment can be finalised.
According to Mbalula’s letter, the ANC instructed Ntanga Nkuhlu Incorporated on June 5 to obtain senior counsel as part of its work on the parliamentary rules governing Section 89 impeachment proceedings.
Madonsela subsequently briefed
Madonsela was subsequently briefed on the matter.
His work included providing legal input on the constitutionality and parliamentary soundness of proposed rules for Section 89 inquiries, as well as amendments to the National Assembly’s presidential impeachment rules following the Constitutional Court’s judgment in the Economic Freedom Fighters matter.
The ANC said the legal work related to the same rules governing the current impeachment inquiry and the framework within which an evidence leader would operate.
Madonsela also worked with another advocate on a written opinion for the ANC caucus concerning whether members of the impeachment committee could lawfully be subjected to a “fit and proper” requirement.
The opinion was finalised on July 2, while the issue was being considered as part of the committee’s rules-making process.
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The ANC later relied on the opinion in its submission on the committee’s draft terms of reference.
Despite placing the relationship on Parliament’s record, the ANC stopped short of questioning Madonsela’s suitability for the position. Mbalula stressed that the party was not attacking the senior counsel’s integrity or independence.
“The movement does not impugn the integrity or the independence of Adv Madonsela SC,” Mbalula said.
“Whether the relationship recorded above bears in any way upon the recommendation or upon any appointment is a question for Parliament to determine on a full record, and it is not one on which this office expresses any view.”
The ANC has asked that Mbalula’s disclosure be formally recorded and brought to the attention of those involved in finalising Madonsela’s appointment, including the chairperson of the impeachment committee.
- ANC secretary-general Fikile Mbalula revealed that senior counsel Thandazani Griffiths Madonsela SC had previously worked on legal matters for the ANC related to Parliament’s Section 89 impeachment process.
- Mbalula disclosed this information in a letter to National Assembly Speaker Thoko Didiza after the Section 89 Impeachment Committee recommended Madonsela as evidence leader for the Phala Phala burglary inquiry.
- Madonsela provided legal input on the constitutionality and parliamentary soundness of Section 89 rules and amendments following a Constitutional Court judgment.
- The ANC clarified that the disclosure was not meant to question Madonsela’s integrity or independence but to ensure transparency during the appointment process.
- Madonsela's appointment still requires approval through Parliament’s administrative and procurement procedures before being finalized.
