Gana rejects EFF, ALPA allegations of bad faith over Madonsela rescission

Section 89 Impeachment Committee chairperson Makashule Gana has rejected allegations that the committee acted in bad faith when it rescinded its decision to recommend Advocate Thandazani Madonsela SC as the chief evidence leader in the impeachment inquiry against President Cyril Ramaphosa.

The Economic Freedom Fighters (EFF) and the African Legal Professionals Association (ALPA) have asked the Western Cape High Court to review and set aside the committee’s decision, arguing that it was irrational and unlawful.

The applicants contend that the committee knew about Madonsela’s previous work advising the African National Congress (ANC) parliamentary study group before recommending him for the position, but only reconsidered his suitability after Ramaphosa raised objections.

The applicants maintain that the committee must demonstrate a rational and lawful basis for rescinding its decision, rather than simply relying on its ability to reverse its own resolutions.

Gana, meanwhile, said the committee would have to defend its decisions because the legal challenge had been brought by members of the committee itself.

I did not want to be in court today. These court proceedings are from members of the committee themselves. If members of the committee want to take the decisions of the committee to court, obviously some things are not in my control.

He said the committee would focus on matters within its control while responding to the legal challenge.

We are here to defend the decisions of the committee. So we did not bring ourselves here. We did not bring this application before the Western Cape High Court.

The dispute centres on the committee’s August decision to recommend Madonsela as evidence leader for the Section 89 inquiry into allegations of impeachable misconduct against Ramaphosa arising from the theft of US dollars at his Phala Phala farm in 2020.

The committee subsequently rescinded the recommendation after the President wrote to Parliament raising concerns about the proposed appointment.

The court proceedings have also affected preparations for the impeachment inquiry, with the committee agreeing to allow the legal challenge to be ventilated before proceeding with the appointment process.

Gana confirmed that the committee had unanimously agreed to address the appointment of a new evidence leader after judgment in the matter.

He added that the committee had agreed to allow the court process to run its course, with the applicants having presented their arguments and the committee preparing its response.

The matter has been rolled over to Wednesday.