Impeachment Committee: Madonsela's recommendation as evidence leader rescinded
Updated | By Cliff Shiko
The Parliament’s Section 89 Impeachment Committee has overwhelmingly voted to rescind its recommendation of Advocate Thandazani Madonsela SC as evidence leader.
Eighteen Members of Parliament (MPs) voted in favour of Madonsela's removal, while nine MPs voted for his appointment.
President Cyril Ramaphosa had objected to Madonsela’s recommendation, citing potential conflicts of interest and a reasonable apprehension of bias.
Ramaphosa alleges Madonsela may "harbour a sense of grievance” after he removed him from the Judicial Service Commission shortly after the 2022 interviews for the appointment of the chief justice.
The President further said Madonsela recently "advised the ANC on matters related to the present impeachment inquiry".
However, Parliament’s Constitutional and Legal Services Office found that there was no conflict of interest that would disqualify Madonsela from serving as evidence leader.
Committee chairperson Makashule Gana briefed the media in Parliament on Tuesday.
"We have given political parties up until Friday to make further nominations," he said.
The impeachment process stems from the findings of an independent panel appointed by the National Assembly, which concluded that Ramaphosa may have a case to answer regarding the 2020 theft of foreign currency at his Phala Phala farm in Limpopo.
Ramaphosa’s legal team has challenged the findings of the Section 89 report, arguing that the panel applied an incorrect legal standard in reaching its conclusions.
Gana said the committee was now at 80% towards concluding the terms of reference.
The terms of reference would guide the committee on how evidence is presented and tested.
"They will also provide guidance on the role of the evidence leader, the participation of the President, the treatment of witnesses, and the principles that will guide the committee when it eventually considers the evidence before it.
"We are now close to finalizing the terms of reference," he explained.
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