By Lehlohonolo Lehana.
The Western Cape High Court heard applications challenging Parliament’s Impeachment Committee over its decision to rescind Advocate Griffiths Madonsela’s nomination as evidence leader.
This after President Cyril Ramaphosa objected to Madonsela’s appointment. Ramaphosa is facing impeachment in connection with the theft of US dollars from his farm in 2020.
The Economic Freedom Fighters (EFF) and the African Legal Professionals Association (ALPA) brought an application to challenge decisions taken by parliament’s Section 89 Impeachment Committee.
The two legal applications, expected to be heard on 13 and 14 October 2026.
The EFF argued that no material facts had changed from the time the Impeachment Committee agreed to recommend Madonsela to probe impeachable offences against Ramaphosa, and a few weeks later when it rescinded that decision.
Advocate Mfesane Ka-Siboto contends all MPs on the committee knew that Madonsela had provided a legal opinion to the African National Congress (ANC) on the impeachment matter when the recommendation was made.
Madonsela disclosed in a letter to Parliament before the recommendation was made, saying he had advised a parliamentary “study group,” the name used only by the ANC to refer to its party committees.
ALPA said that while it does not act on Madonsela’s behalf, it’s challenging the committee’s u-turn because the rescission decision was irrational.
Advocate Michael Bishop has argued that Ramaphosa’s objection letter contained no new information related to Madonsela doing work for the ANC that the committee was not aware of previously.
“My submission is going to be that everyone on the committee knew, not just the ANC. They all knew. But the ANC’s knowledge is decisive. Because it’s their change from abstention to supporting the rescission that alters the outcome,” said Bishop.
The hearing will continue on Wednesday, when the Impeachment Committee is expected to oppose the applications.
The latest court proceedings form part of a much longer legal and political battle surrounding the Phala Phala farmgate scandal.