The ANC suffered another political setback on Wednesday after Parliament’s Section 89 Impeachment Committee rejected its preferred candidate for evidence leader in President Cyril Ramaphosa’s impeachment inquiry.
Instead, committee members voted to recommend Adv Thandazani Madonsela SC, whose nomination was backed by the Progressive Caucus, handing the opposition another important victory in one of Parliament’s most closely watched processes.
Madonsela received nine votes, while Adv Kate Hofmeyr SC backed by the DA secured seven. Eleven members including ANC members abstained.
The Progressive Caucus, made up of the EFF, uMkhonto weSizwe Party (MKP), African Transformation Movement (ATM), United Africans Transformation (UAT), rallied behind Madonsela. While the ANC seized to nominate its own candidate.
Second setback for ANC
The vote marks the second time the ANC has failed to carry the day in the committee. Last week, the governing party also lost a vote on whether the committee should oppose Ramaphosa’s court application that temporarily halted the impeachment proceedings. Opposition parties combined to outvote the ANC, paving the way for the committee to challenge the Western Cape High Court interdict.
The appointment of an evidence leader is a key step before the committee can begin hearing oral evidence. The evidence leader will be responsible for presenting evidence, leading witnesses and assisting committee members in examining the facts before them.
The committee reopened nominations after concluding that its initial shortlist of four candidates did not provide a strong enough pool from which to make an appointment.
Among those nominated was Adv Sesi Baloyi SC, who serves on the Madlanga commission investigating allegations of corruption and political interference in the criminal justice system. Madonsela was also nominated after recently representing Selby Mbenenge during his Judicial Conduct Tribunal proceedings.
The Freedom Front Plus initially put forward Jannie Lubbe SC, and the ATM nominated Tiny Seboko SC. The MKP, EFF and UAT nominated Madonsela, while the IFP nominated Baloyi and Carol Steinberg SC.
Parliament to finalise appointment
Committee chairperson Makashule Gana announced that Madonsela’s name would now be forwarded to Parliament for consideration. Then, Parliament would then begin the procurement and administrative processes required before the appointment could be finalised.
“The name that will be recommended as the outcome of the vote will be that of Advocate Madonsela. Like we have said, ours is to recommend; the appointing process is done by Parliament. We will then recommend to Parliament to start the engagements that are done in line with all the supply chain and procurement that they do when they appoint an evidence leader,” he said.
The successful candidate will have to recommend two assistants to support the committee’s work.
The committee’s substantive work remains on hold after the Western Cape High Court temporarily halted oral evidence in Ramaphosa’s impeachment inquiry. However, members have resolved to appeal the judgment while continuing with preparatory work, including finalising the committee’s terms of reference and appointing an evidence leader.
Gana has deposed an affidavit on behalf of the committee, making it the sixth applicant in the matter.
- Parliament's Section 89 Impeachment Committee rejected the ANC's preferred evidence leader candidate, recommending Adv Thandazani Madonsela SC instead.
- Madonsela's nomination was supported by the Progressive Caucus and opposition parties, receiving nine votes over seven for Adv Kate Hofmeyr SC, while 11 members abstained.
- This marks the second setback for the ANC in the committee, having recently lost a vote on opposing Ramaphosa's court application.
- The evidence leader will present evidence and lead witnesses in the impeachment inquiry, with Parliament set to finalize Madonsela's appointment.
- The committee's work is currently paused due to a Western Cape High Court interdict, but members plan to appeal and continue preparatory actions.
Instead, committee members voted to recommend Adv
Madonsela received nine votes, while Adv Kate Hofmeyr SC backed by the DA secured seven. Eleven members including ANC members abstained.
Committee chairperson
"
Gana has deposed an affidavit on behalf of the committee, making it the sixth applicant in the matter.
