Parliament Legal Unit Rejects Ramaphosa’s Objection to Impeachment Evidence Leader

Full Story

Parliament’s legal unit has rejected President Cyril Ramaphosa’s objections to the appointment of Advocate Thandazani Madonsela as the proposed evidence leader for his impeachment inquiry, saying the concerns raised do not establish a conflict of interest. On Tuesday, Parliament’s legal advisers presented their opinion to the Impeachment Committee in response to Ramaphosa’s objections. They argued that an evidence leader does not play a decision-making role in an impeachment inquiry and that the concerns raised by the President should therefore not prevent Madonsela from performing his duties. Ramaphosa is facing an impeachment process over his conduct following the theft of US dollars from his Phala Phala farm in 2020. When Madonsela was shortlisted as a potential evidence leader, he disclosed to the Impeachment Committee that he had previously provided legal advice on the impeachment matter to a political study group in Parliament. At the time, Madonsela did not identify the political party involved. However, political parties subsequently inferred that the group was linked to the African National Congress (ANC), as the ANC refers to its caucus committees as “study groups”. Madonsela has since clarified the matter in response to a letter from the committee chairperson. Legal Adviser Says Previous JSC Decision Does Not Create Conflict Responding to Ramaphosa’s second objection, Parliament’s legal adviser, Michael Prince, said the fact that the President had removed Madonsela as one of his appointees to the Judicial Service Commission (JSC) in 2022 did not, by itself, make him unsuitable to serve as evidence leader. “There appears to be no evidence before the Impeachment Committee that demonstrates any personal animosity between the president and Advocate Madonsela, nor is there any objective basis upon which such animosity can be inferred,” Prince said. The committee has instead been advised to consider Madonsela’s latest disclosure when determining whether there could be a perceived conflict of interest. However, Parliament’s legal team has maintained that the so-called “new information” does not invalidate the committee’s vote last month recommending Madonsela for the position. The Impeachment Committee must now consider the legal advice and determine how to proceed with Madonsela’s recommendation amid the objections raised by President Ramaphosa.

Topics