EFF tells court Section 89 committee had no power to rescind Madonsela appointment

By Simon Nare

The parliamentary Section 89 Impeachment Committee had no legal authority to rescind its decision to recommend Advocate Thandazani Madonsela as its evidence leader, the Economic Freedom Fighters (EFF) argued in the Western Cape High Court on Tuesday.

EFF legal representative Advocate Mfesane ka Siboto told the court that the committee acted unlawfully and irrationally when it reversed its decision, citing constitutional case law on the exercise of public power, rationality and the separation of powers.

“What the impeachment committee tells us is that they’ve got power to rescind its own decision. They don’t tell you what the power is and where it stems from,” Ka Siboto argued.

He said the committee’s directive that the chief evidence leader must not be conflicted did not, in itself, give it the power to reverse a decision already taken.

“It’s one thing to say he must not be conflicted; it’s another