• President Cyril Ramaphosa has written to Parliament objecting to Advocate Thandazani Madonsela’s appointment as chief evidence leader in his impeachment inquiry.

• Ramaphosa cites two conflicts: he once removed Madonsela from a judicial appointment, and Madonsela previously advised the ANC on the same matter.

President Cyril Ramaphosa has formally objected to the appointment of Advocate Thandazani Madonsela SC as chief evidence leader in the parliamentary inquiry into his own possible impeachment, in a letter to Parliament dated 18 August.

Parliament’s Section 89 impeachment committee, investigating the Phala Phala scandal, voted 9 to 7 on 5 August to recommend Madonsela for the role, with 11 members, including the ANC, abstaining. He beat DA nominee Advocate Kate Hofmeyr, who has previously represented Ramaphosa personally.

The committee’s vote is only a recommendation, Parliament makes the final appointment.

In his letter, Ramaphosa raises two separate conflicts of interest. First, he notes that he removed Madonsela as his own appointee to the Judicial Service Commission shortly after the 2022 interviews for the position of Chief Justice, creating what he calls a “reasonable apprehension” that Madonsela may hold a grievance against him. Second, he points to comments made by ANC Secretary-General Fikile Mbalula on 7 August, who said ANC representatives on the committee abstained because Madonsela had recently advised the ANC on matters related to the same impeachment inquiry.

“I am not aware of the nature or extent of the information disclosed to Adv. Madonsela SC, nor of the nature or extent of the legal advice he provided,” Ramaphosa wrote, adding that a legal practitioner should not act in a matter substantially the same as one in which he previously advised a party affected by the proceedings.

“I submit that Adv. Madonsela SC should not be appointed as the Chief Evidence Leader,” he concluded.

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.

Separately, the Constitutional Court has dismissed a bid by several political parties and the impeachment committee itself to overturn a Western Cape High Court ruling that halted public impeachment hearings, pending a separate review of the report that triggered the process. That review is due to be heard in early September.

The impeachment committee is due to receive an update on the evidence leader appointment process on Wednesday.

Pictured above: President Cyril Ramaphosa rejects Advocate Thandazani Madonsela’s appointment as chief evidence leader in his impeachment inquiry.

Image source: Parliament