Parliament’s Section 89 Impeachment Committee has withdrawn its recommendation of Adv Thandazani Madonsela SC as evidence leader in the inquiry into President Cyril Ramaphosa concerning the burglary at his Phala Phala home.
The decision was taken on Tuesday afternoon after the committee met in Parliament to consider concerns raised over Madonsela’s suitability for the position.
Eighteen MPs voted in favour of rescinding his recommendation, while only 9 voted against it.
Madonsela had been selected by the committee last month after securing nine votes against seven for fellow candidate Adv Kate Hofmeyr SC.
His nomination was later thrown into doubt after the committee received information that Madonsela had previously provided legal advice to the ANC on matters relating to Section 89 parliamentary rules and processes.
READ: Legal opinion opens door to rescind impeachment committee’s Madonsela appointment
Ramaphosa raised possible conflict of interest
Ramaphosa subsequently objected to Madonsela being appointed, raising concerns about a possible conflict of interest. The president also pointed to Madonsela’s previous removal from the Judicial Service Commission in 2022, arguing that the history could create a perception of bias.
The legal advisers found no evidence of personal hostility between Ramaphosa and Madonsela and said there was no objective basis for concluding that Madonsela would approach the impeachment inquiry with bias because of the JSC matter.
They further found that Madonsela’s former position as a presidential nominee to the JSC did not, on its own, create an actual conflict or justify an apprehension of bias.
The advisers said the evidence leader “does not determine the facts, make findings, vote on recommendations, or decide the outcome of the inquiry.”
READ: Impeachment committee to oppose Ramaphosa interdict
Instead, the role is to assist the committee in dealing with the evidence by identifying, organising and presenting relevant material. The ultimate responsibility for assessing the evidence and reaching conclusions remains with the committee.
The committee will now have to go back to the drawing board to recommend a new evidence leader.
- Parliament’s Section 89 Impeachment Committee withdrew its recommendation of Adv Thandazani Madonsela SC as evidence leader in the inquiry into President Cyril Ramaphosa.
- The decision was made following concerns about Madonsela's suitability, with 18 MPs voting to rescind his recommendation and 9 against.
- Madonsela's nomination was questioned after it emerged that he had previously provided legal advice to the ANC regarding Section 89 parliamentary rules.
- President Ramaphosa objected to Madonsela's appointment due to potential conflicts of interest and Madonsela’s 2022 removal from the Judicial Service Commission.
- Legal advisers found no evidence of bias or conflict of interest that would disqualify Madonsela, noting the evidence leader only assists the committee and does not decide outcomes.
Parliament’s Section 89 Impeachment Committee has withdrawn its recommendation of Adv
Eighteen MPs voted in favour of rescinding his recommendation, while only 9 voted against it.
Madonsela had been selected by the committee last month after securing nine votes against seven for fellow candidate Adv Kate Hofmeyr SC.
His nomination was later thrown into doubt after the committee received information that Madonsela had previously provided legal advice to the ANC on matters relating to Section 89 parliamentary rules and processes.
READ: Legal opinion opens door to rescind impeachment committee's Madonsela appointment
Ramaphosa subsequently objected to Madonsela being appointed, raising concerns about a possible conflict of interest.
READ: Impeachment committee to oppose Ramaphosa interdict
Instead, the role is to assist the committee in dealing with the evidence by identifying, organising and presenting relevant material.
