President Cyril Ramaphosa has launched a bid to stop senior advocate Thandazani Griffiths Madonsela from taking up the role of chief evidence leader in Parliament’s Section 89 impeachment inquiry.
In submissions sent to National Assembly Speaker Thoko Didiza, Parliament secretary Xolile George and Impeachment Committee chairperson Makashule Gana, Ramaphosa questioned Madonsela’s suitability for the powerful role, citing what he believes are both actual and perceived conflicts of interest.
“On the information presently available, therefore, it seems to me that the appointment of Adv. Madonsela SC will violate the above principles. Therefore, I submit that his appointment should not be confirmed,” according to the president.
The president’s objections centre on Madonsela’s previous relationship with him and his recent legal work for the African National Congress (ANC) on issues directly linked to the impeachment process.
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Ramaphosa said he had appointed Madonsela to the Judicial Service Commission (JSC) but removed him from the position after the 2022 interviews for the appointment of the Chief Justice.
According to the president, this history could create a reasonable perception that Madonsela be disgruntled about the matter.
“In these circumstances, there is a reasonable apprehension that Adv. Madonsela SC may harbour a sense of grievance towards me and that he may act upon it,” it reads.
Ramaphosa’s second objection relates to Madonsela’s work for the ANC.
The president referred to ANC secretary-general Fikile Mbalula’s disclosure that ANC members of the impeachment committee had not participated in the vote on Madonsela’s recommendation because of his previous legal work for the governing party.
Madonsela was briefed by ANC attorneys in June and July on legal questions surrounding the Section 89 process, including the rules governing the inquiry.
He also co-authored a legal opinion for the ANC Parliamentary Caucus dealing with whether Members of Parliament (MPs) serving on the impeachment committee could be subjected to a “fit and proper” requirement.
Ramaphosa said the extent of the information Madonsela received from the ANC and the advice he provided remained unclear to him. But he argued that the previous attorney-client relationship raised serious questions about whether Madonsela could now approach the proceedings with the required independence.
The president said legal practitioners are generally expected to avoid acting in matters that are substantially connected to previous work for a former client, particularly where confidential or privileged information may have been shared.
He argued that the same principle should apply even more strongly where an individual is being considered for a decision-making or quasi-judicial role in proceedings that could affect a former client.
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Ramaphosa warned that Madonsela could enter the inquiry with knowledge obtained during his work for the ANC that would not be available to another evidence leader appointed without those prior ties.
The intervention comes after the Section 89 Impeachment Committee voted on August 5 to recommend Madonsela for the position.
ANC representatives on the committee abstained from the vote. The party later disclosed Madonsela’s previous work for the ANC, saying it wanted the relationship placed on record, however mentioned that the party has no issue with Madonsela’s appointment.
Discussions about Ramaphosa’s letter are currently underway by members of the Impeachment Committee.
- President Cyril Ramaphosa has challenged the appointment of senior advocate Thandazani Griffiths Madonsela as chief evidence leader in Parliament’s Section 89 impeachment inquiry, citing potential conflicts of interest.
- Ramaphosa's objections are based on Madonsela’s previous relationship with him and his recent legal work for the African National Congress (ANC) related to the impeachment process.
- Ramaphosa claims that Madonsela may harbor a sense of grievance due to being removed from the Judicial Service Commission after 2022 Chief Justice appointment interviews.
- Madonsela was briefed by ANC attorneys on legal issues concerning the Section 89 process and co-authored a legal opinion for the ANC Parliamentary Caucus on MPs' eligibility, raising concerns about his independence.
- The Section 89 Impeachment Committee voted to recommend Madonsela on August 5, with ANC members abstaining from the vote, and discussions on Ramaphosa’s objections are ongoing.
