By Lehlohonolo Lehana.
The Speaker of the National Assembly, Thoko Didiza, confirmed receiving a communication from the Secretary-General of the African National Congress (ANC), Fikile Mbalula, regarding the recommendation of an Evidence Leader for the Section 89 Impeachment Committee.
Griffiths Madonsela SC has been recommended to be the evidence leader in the inquiry that’s expected to look into President Cyril Ramaphosa’s conduct following the 2020 theft of foreign currency at his Phala Phala farm.
The ANC said that it would be unethical for Madonsela to take the role given that he previously provided legal advice to the ANC on the matter.
“The ANC was being advised on the Section 89 committee by Advocate Madonsela and there was no way that we would have agreed that he must lead the processes of becoming the evidence leader. It would mean that the ANC is undermining the law and does not respect the process of the section 89,” said Mbalula.
Mbalula added that Madonsela should not take the role.
Parliament Spokesperson Moloto Mothapo said that Mbalula’s communication was not an objection to the recommendation of the committee.
“The matters raised relate directly to the deliberations and decisions of the committee and therefore properly fall within the committee’s processes.
Accordingly, the speaker has referred the communication to the chairperson of the committee for consideration by the committee.
The committee had determined that it would, through its own processes, select an evidence leader to assist it in its work. Once the committee has concluded its decision-making process, the parliamentary administration will facilitate the necessary procurement and administrative processes.”
Madonsela is a prominent senior counsel and former member of the Judicial Service Commission (JSC). His areas of practice have included commercial, administrative and constitutional law, commissions of inquiry, civil litigation, insurance, labour law, land restitution and criminal law.