South African presidential impeachment inquiry

The South African Parliamentary Section 89 impeachment committee, investigating whether President Cyril Ramaphosa should be removed from office following the Phala Phala scandal, has faced significant procedural disputes regarding its leadership.

Initially, Advocate Thandazani Madonsela SC rejected objections from President Ramaphosa concerning his appointment as evidence leader. The President had raised concerns of a potential conflict of interest, citing Madonsela’s previous legal advice to the African National Congress (ANC) and his removal as a presidential designee to the Judicial Service Commission in 2022. Madonsela argued these concerns were unfounded, maintaining that the principles of recusal do not apply to an evidence leader as the role does not decide the final outcome.

Following these disputes, the committee voted 19 to nine to rescind Madonsela’s appointment and to oppose two court applications seeking to overturn that decision. The African Legal Professionals Association (ALPA) filed an urgent application with the Western Cape High Court, alleging that the President’s objection constituted “legal overreach.” The committee has agreed to delay appointing a replacement evidence leader until these legal challenges are resolved.