By Simon Nare
The Economic Freedom Fighters (EFF) has filed urgent papers in the Western Cape High Court seeking to set aside the Section 89 Impeachment Committee’s decision to rescind its recommendation of Advocate Griffiths Madonsela as its evidence leader.
The EFF argues that the committee’s decision was irrational and unlawful and was driven by the ANC to delay the impeachment process against President Cyril Ramaphosa.
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The party wants Madonsela reinstated and seeks to prevent the committee from appointing another evidence leader.
The committee is investigating whether there are grounds for Ramaphosa’s removal under Section 89 of the Constitution in connection with the theft of foreign currency from his private Phala Phala game farm in Limpopo.
On 2 September, the committee voted 18-9 to rescind its earlier recommendation of Madonsela after members deadlocked over whether he should remain in the position following what was described as “new evidence” concerning legal work he had previously done for the ANC.
The committee is scheduled to meet on Wednesday to restart the process of appointing an evidence leader.
The EFF has approached the court in an attempt to halt that process and allow Madonsela to continue in the role.
The party wants the application to be heard urgently, as contemplated in Rule 6(2) of the Uniform Rules of Court.
It further asks the court to declare any decision taken by the committee as part of the new appointment process unlawful.
The dispute over Madonsela’s removal has also prompted separate action by uMkhonto weSizwe, which has written to National Assembly Speaker Thoko Didiza calling for committee chairperson Makashule Gana to be replaced by an MP who is not part of the Government of National Unity.
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The MK party argues that Gana’s affiliation to RISE Mzansi, which is part of the GNU, creates “structural bias” and raises questions about the committee’s independence.
MK also criticised the decision to rescind Madonsela’s recommendation, saying it was supported by the ANC, DA and other GNU parties despite Parliament’s legal advice.
“That legal advice pronounced clearly that there was no new material disclosure arising from the ANC SG’s letter to Parliament. Nothing turns on it,” the party said.
