Impeachment Committee halts evidence leader appointments, heads to court against EFF, ALPA
The Section 89 Impeachment Committee announced on Wednesday that it will legally oppose court applications brought by the EFF and the African Legal Professional Association (ALPA).
The legal battle followed the committee’s controversial decision to rescind its initial recommendation to appoint advocate Thandazani Madonsela as the chief evidence leader for the upcoming parliamentary impeachment inquiry into President Cyril Ramaphosa in the Phala Phala matter.
Both the EFF and ALPA filed separate urgent applications in the Western Cape High Court, arguing that the committee's reversal was flawed.
In its court papers, the EFF criticised the executive's intervention as an act of "bad faith" designed to delay and frustrate parliamentary oversight, further labelling the committee's decision to back down as "fundamentally irrational”.
Committee chairperson Makashule Gana confirmed that the decision to oppose the lawsuits was finalised during a committee meeting on Wednesday.
Considering the pending litigation, the committee resolved to halt the appointment process entirely.
"The committee will wait until the court challenges are settled before we appoint the evidence leader," Gana stated, confirming that no new recommendation will be made until the Western Cape High Court rules on the matter.
The dispute erupted last month when Ramaphosa formally objected to Madonsela’s nomination, citing severe conflicts of interest.
The objection forced the committee to halt its proceedings and seek independent legal counsel.
In his submissions, Ramaphosa noted that he personally removed Madonsela from the Judicial Service Commission in 2022, creating an inherent risk of a personal grievance.
The ANC noted that Madonsela had previously advised the ruling party on the exact matters tied to this specific impeachment inquiry.
Despite the legal deadlock over the evidence leader, Gana emphasised that the committee is forging ahead with its structural work, noting that 90% of the terms of reference have been completed.
"Now the legal services have been given the mandate to build in the additional clauses that the committee has agreed to today, and now to then produce the final draft," Gana said.
The committee expects to officially adopt the finalised terms of reference at its next scheduled meeting.
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