President Cyril Ramaphosa has formally objected to the appointment of Advocate Thandazani Madonsela as the evidence leader for Parliament’s Section 89 Impeachment Committee, which is investigating allegations against him related to the Phala Phala farm scandal. The objection, contained in a letter received by the committee on Tuesday night, has sparked backlash from opposition parties who accuse the president of attempting to delay the impeachment process.

The committee’s majority voted two weeks ago to recommend Madonsela for the position. Nine MPs voted in favour of his appointment, while seven backed Advocate Kate Hofmeyr SC. Eleven MPs, including the African National Congress representatives, abstained from voting.

Ramaphosa’s Conflict of Interest Claims

In his letter to the committee, Ramaphosa raised two central conflicts of interest regarding Madonsela’s appointment.

First, the president pointed to his previous decision to remove Madonsela from the Judicial Service Commission (JSC) in 2022. Ramaphosa argued that “there is a reasonable apprehension that Adv. Madonsela SC may harbour a sense of grievance towards me and that he may act upon it”.

Second, Ramaphosa noted that Madonsela had recently provided legal advice to the ANC on matters directly linked to the impeachment inquiry. The president argued that this could give Madonsela prior knowledge of issues that will come before the committee.

“Ordinarily, a legal practitioner ought not to act in a matter that is substantially the same as one in which he or she previously advised a former client… particularly where confidential or privileged information may have been disclosed,” Ramaphosa wrote in his submission.

Madonsela had earlier disclosed to the committee that he had been briefed by a firm of attorneys representing a political party study group, but said his role was minimal, mainly overseeing a junior advocate, and that the brief ended on 5 July.

Opposition Parties React

Opposition parties have strongly criticised Ramaphosa’s intervention, describing it as a delaying tactic aimed at derailing the impeachment inquiry.

EFF leader Julius Malema declared: “He is not going to choose his own judge. Typical of him, he is trying to find another way to delay this process. We are not going to allow that”.

MK party parliamentary leader John Hlophe added: “A president who has nothing to hide should not be using all these delaying tactics. He is doing that in an attempt to avoid the inevitable. South Africans have a right to know what happened at Phala Phala”.

ATM MP Vuyo Zungula described the move as “a delaying tactic” and questioned whether Ramaphosa would have objected if the DA’s choice of Advocate Kate Hofmeyr had been the preferred nomination, given that she had represented him in legal matters in the past.

Committee Seeks Legal Advice

Committee chairperson Makashule Gana confirmed that he received the letter from Ramaphosa’s office on Tuesday objecting to Madonsela’s appointment .

“We are currently studying the contents and consulting with legal services to see the options available to us in terms of how best to respond to this. We would like to have an evidence leader appointed and confirmed as soon as possible,” Gana said .

On Wednesday, the impeachment committee resolved to seek a legal opinion on the matter, leaving the appointment unresolved . Gana noted: “One of the worst mistakes we can make as a committee is to believe the work we do is beyond scrutiny”.

Background on Madonsela

Advocate Thandazani Griffiths Madonsela SC is a prominent senior counsel and former member of the Judicial Service Commission. He was called to the Bar in 2001 and has acted as a judge of the KwaZulu-Natal High Court.

His areas of practice have included commercial, administrative and constitutional law, commissions of inquiry, civil litigation, insurance, labour law, land restitution and criminal law.

Madonsela was nominated for the evidence leader position by the Economic Freedom Fighters and supported by the uMkhonto weSizwe Party, Build One South Africa, the African Christian Democratic Party, the African Transformation Movement, and the United Africans Transformation.

Phala Phala Scandal Background

The impeachment inquiry stems from the Phala Phala farm scandal, where more than $500,000 was stolen from Ramaphosa’s game farm in February 2020 and allegedly concealed by his security detail.

An independent panel chaired by former Chief Justice Sandile Ngcobo concluded in a 2022 report that there was prima facie evidence suggesting Ramaphosa may have committed serious misconduct in connection with the matter.

The impeachment process was revived after South Africa’s Constitutional Court ruled that Parliament had acted unlawfully when it voted against adopting the panel’s report in 2022.

Last month, the Western Cape High Court granted Ramaphosa an urgent interdict halting public hearings by the committee. The review is scheduled to be heard by the Western Cape High Court from 2 to 4 September.

ALSO SEE: CPUT Emergency Evacuation: All Campuses Shut, Students Given 24 Hours to Leave

What Happens Next

Parliament’s administration is responsible for the final appointment of the evidence leader. The committee is now seeking legal advice on how to respond to Ramaphosa’s objections.

Parties such as the MK party have appealed to the committee to protect the integrity of its mandate and not allow further delays.

The outcome of this dispute could determine whether the impeachment inquiry proceeds with Madonsela as evidence leader or whether the committee must consider alternative candidates.

Headlines

• Objection: President Ramaphosa has formally objected to Advocate Thandazani Madonsela’s appointment as evidence leader for the Section 89 Impeachment Committee.
• Conflict Claims: Ramaphosa cites Madonsela’s removal from the JSC in 2022 and his prior legal advice to the ANC as conflicts of interest.
• Opposition Backlash: Opposition parties, including the EFF and MK party, accuse Ramaphosa of using delaying tactics.
• Committee Response: The impeachment committee is seeking legal advice on how to respond to the president’s objections.
• Phala Phala Context: The inquiry investigates the theft of over $500,000 from Ramaphosa’s farm in 2020.

The post Ramaphosa Objects to Thandazani Madonsela’s Appointment as Impeachment Evidence Leader appeared first on Fakaza Hiphopza.