Senior advocate Griffiths Madonsela SC is in line to take on one of Parliament’s most significant legal assignments after the Section 89 committee recommended him to serve as evidence leader in the impeachment inquiry into President Cyril Ramaphosa over the Phala Phala matter.
If National Assembly Speaker Thoko Didiza confirms his appointment, Madonsela will oversee the presentation of evidence before the committee, identify and examine witnesses, advise members on evidentiary issues and assist in establishing the factual record that will underpin the inquiry.
Before reaching its decision, the committee considered disclosures made by Madonsela regarding his previous, limited involvement in legal work linked to the Section 89 process.
Parliament’s legal adviser, Sueanne Isaac, told members on Wednesday that Madonsela had indicated he was available to serve but believed it was important for the committee to be aware of his earlier involvement.
Isaac said Madonsela disclosed that on June 4, he accepted a brief from a firm of attorneys acting for a parliamentary study group to lead a junior advocate in preparing ad hoc legal opinions relating to the impeachment process.
His work was confined to two legal opinions.
The first explored Parliament”s legal options after Ramaphosa sought to interdict the impeachment proceedings, including whether Parliament should oppose the application, abide by the court’s decision or pursue another legal course.
The second considered whether the National Assembly Rules should require MPs to satisfy a “fit and proper” standard.
Isaac said Madonsela explained that his role was limited because he was engaged in several lengthy trials elsewhere in the country. His contribution was largely supervisory, involving the review of draft opinions prepared by a junior advocate.
Madonsela also disclosed that he had not been exposed to the factual merits of the impeachment inquiry because his advice related only to legal questions. He further confirmed that Ramaphosa had never been his client and that he had never acted either for or against the president in any litigation.
After considering the disclosures, a majority of committee members supported Madonsela’s recommendation as the preferred candidate.
Madonsela is a senior counsel with extensive experience in constitutional, administrative and public law. Throughout his career, he has appeared in a range of matters involving the state, public institutions and constitutional governance.
He gained national prominence after being appointed as one of Ramaphosa’s four nominees to the Judicial Service Commission, where he served from 2020 to 2022.
His tenure on the commission attracted considerable public attention during the 2022 interviews to appoint South Africa’s next Chief Justice.
Madonsela’s questioning of candidates, particularly Gauteng Judge President Dunstan Mlambo, generated widespread debate after he raised concerns about public perceptions regarding judgments involving Ramaphosa and former president Jacob Zuma. His line of questioning divided opinion, with some commentators praising his rigorous scrutiny of candidates while others criticised the manner in which the interviews were conducted.
Weeks later, Ramaphosa replaced Madonsela with advocate Sesi Baloyi SC as one of the president’s representatives on the JSC.
Beyond the JSC, Madonsela has been involved in several high-profile constitutional disputes. He formed part of the legal team representing King Misuzulu kaZwelithini and the late Prince Mangosuthu Buthelezi during the prolonged court battles over the AmaZulu throne following the death of King Goodwill Zwelithini.
Should Didiza approve his appointment, Madonsela will lead the presentation of evidence in Parliament’s Section 89 inquiry, a process that could ultimately determine whether the National Assembly recommends Ramaphosa’s removal from office under the Constitution.
- Senior advocate Griffiths Madonsela SC is recommended by the Section 89 committee to serve as evidence leader in the impeachment inquiry into President Cyril Ramaphosa over the Phala Phala matter.
- Madonsela disclosed prior limited involvement in legal work related to the impeachment process, which included preparing two legal opinions concerning Parliament’s options and National Assembly Rules.
- Madonsela has confirmed that President Ramaphosa has never been his client, nor has he acted for or against him in any litigation.
- Madonsela served on the Judicial Service Commission from 2020 to 2022 as one of Ramaphosa’s nominees and gained national prominence during the 2022 Chief Justice interviews.
- If confirmed by National Assembly Speaker Thoko Didiza, Madonsela will lead the presentation of evidence, examination of witnesses, and advise the committee during the Section 89 inquiry.
