By Lehlohonolo Lehana.
The Western Cape High Court dismissed the Economic Freedom Fighters (EFF) and African Legal Professionals Association (ALPA) application to set aside Parliament’s Section 89 Impeachment Committee’s decision to rescind the appointment of Adv. Thandazani Griffiths Madonsela as chief evidence leader for the Phala Phala inquiry.
Madonsela was removed after concerns were raised about a possible conflict of interest, following his previous legal advice on the matter for the African National Congress (ANC).
Eighteen Members of Parliament (MPs) voted in favour of Madonsela’s removal, while nine MPs voted for his appointment.
The inquiry was established into president Cyril Ramaphosa’s misconduct following the theft of US$580,000 from his Phala Phala farm in Limpopo.
The EFF and ALPA had argued that the committee’s decision to reverse its earlier recommendation was unlawful and constituted an act of bad faith.
Judge Chantel Fortuin ruled that the impeachment committee’s decision to remove Madonsela remains in place.
“This court has carefully considered the substantial arguments advanced by all the parties in this matter. There are two judgments here; the first, which is the majority judgment, concludes for reasons set out herein that both applications be dismissed.”
“The second judgment, which dissents from the majority, concludes that both applications be granted for the reasons set out in that judgment,” she said.
Judge Fortuin indicated that the full judgments, containing the reasons for the respective decisions, would be circulated to the parties.
The court also accepted the EFF’s late submission of legal arguments and waived certain procedural requirements relating to service and filing deadlines.
No order was made regarding legal costs.
Meanwhile, the chairperson of Parliament’s Section 89 Impeachment Committee Makashule Gana, has welcomed the court’s decision, saying it now paves the way for the committee to appoint an evidence leader.
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.