Ramaphosa objects to appointment of Thandazani Madonsela as evidence leader of impeachment committee

President Cyril Ramaphosa has formally objected to the proposed appointment of advocate Thandazani Madonsela SC as chief evidence leader in the impeachment inquiry, arguing his previous dealings with Madonsela and the advocate’s work for the ANC create a potential conflict of interest.

In a letter dated August 18 to National Assembly speaker Thoko Didiza, parliament secretary Xolile George and impeachment committee chairperson Makashule Gana, Ramaphosa said he was making the representations because he believed Madonsela did not meet the requirement that the chief evidence leader has no “real or perceived conflict of interest”.

I am of the view that advocate Madonsela SC does not satisfy this requirement.

The president raised two separate concerns about Madonsela’s appointment. The first concerns Ramaphosa’s previous appointment of Madonsela to the Judicial Service Commission (JSC). Ramaphosa’s second concern centres on legal advice Madonsela previously provided to the ANC on matters relating to the impeachment inquiry.

The president referred to ANC secretary-general Fikile Mbalula’s public comments on August 7 explaining why ANC representatives on the impeachment committee had abstained from voting on the recommendation of Madonsela.

There is a legitimate concern that he may possess prior insight into issues relevant to the inquiry which any other evidence leader, approaching the matter de novo, would not have.

Madonsela’s appointment could compromise the integrity of the impeachment process, said Ramaphosa. “On the information presently available, therefore, it seems to me the appointment of advocate Madonsela SC will violate the above principles. Therefore I submit his appointment should not be confirmed.”