Phala Phala impeachment committee opposes evidence-leader court challenges

Parliament’s Section 89 impeachment committee has filed an answering affidavit in the Western Cape High Court opposing two challenges to its decision to withdraw a recommendation to appoint advocate Thandazani Madonsela as evidence leader.

The Economic Freedom Fighters and the African Legal Professionals Association are challenging the committee’s reversal. Committee chairperson Makashule Gana confirmed the filing on Monday, 28 September, according to SABC News and eNCA. The matter is scheduled to be heard on 12 and 13 October, Gana told SABC News.

The dispute concerns the committee’s inquiry into the theft of foreign currency from President Cyril Ramaphosa’s Phala Phala farm in 2020. Madonsela had been recommended for the evidence-leader role, but the committee reconsidered after it emerged that he had previously provided legal advice to the ANC on the Section 89 process. That history was placed before Parliament in an ANC communication, according to a statement on Parliament’s website.

Gana said the committee was entitled to rescind its recommendation. Eyewitness News, which reported on the affidavit, said he argued that Madonsela had not been formally appointed: no instruction had been issued to the State Attorney, agreement concluded or brief given. Those are the committee’s submissions, not findings by the High Court.

The African Legal Professionals Association argues that the reversal was irrational and in bad faith, while the EFF contends that the committee unlawfully used its voting strength to reverse the decision, EWN reported. Gana said the committee would work to finalise its terms of reference while the litigation proceeds.

No court decision on the two challenges was reported on Monday. The committee’s filing means its position is now before the court; it does not settle who will serve as evidence leader.