In a letter dated 18 August to National Assembly Speaker Thoko Didiza, Parliament Secretary Xolile George and impeachment committee chairperson Makashule Gana, Ramaphosa said Madonsela did not meet the requirement that the evidence leader must not have any "real or perceived conflict of interest."
The President's Two Concerns
Ramaphosa raised two separate objections to Madonsela's appointment.
The first concerns his previous decision to remove Madonsela as his appointee to the Judicial Service Commission shortly after the 2022 interviews for the position of Chief Justice. "In these circumstances, there is a reasonable apprehension that Advocate Madonsela may harbour a sense of grievance towards me and that he may act upon it," Ramaphosa wrote.
The second objection centres on legal advice Madonsela previously provided to the African National Congress on matters related to the impeachment inquiry. Ramaphosa noted that ANC Secretary-General Fikile Mbalula had publicly stated that the ANC abstained from voting on Madonsela's appointment because the advocate had "recently advised the ANC on matters related to the present impeachment enquiry."
Ramaphosa argued that Madonsela's previous relationship with the ANC raised a fundamental question about whether he could now take on a role in the same matter. "Ordinarily a legal practitioner ought not to act in a matter that is substantially the same as one in which he or she previously advised a former client who is involved in that matter," Ramaphosa wrote.
"On the information presently available, therefore, it seems to me that the appointment of Advocate Madonsela will violate the above principles. Therefore, I submit that his appointment should not be confirmed." — President Cyril Ramaphosa
Committee's Initial Vote
The Section 89 impeachment committee voted 9 to 7 on 5 August to recommend Madonsela for the position, with 11 members, including the ANC, abstaining. He beat DA nominee Advocate Kate Hofmeyr, who has previously represented Ramaphosa personally.
Committee chairperson Makashule Gana confirmed that the committee was studying the contents of the letter and consulting its legal services on how to respond. "We are currently studying the contents and consulting with legal services to see the options available to us in terms of how best to respond to this. We would like to have an evidence leader appointed and confirmed as soon as possible," Gana said.
On Wednesday, committee members voted 19 in favour of obtaining a legal opinion on Ramaphosa's concerns before making a final decision, with only the MKP and EFF opposing.
Opposition Accuses Ramaphosa of Delay Tactics
Opposition parties have accused the president of employing delaying tactics to avoid accountability.
EFF leader Julius Malema questioned why the committee should delay the appointment for another legal opinion, arguing that the responsibility to appoint an evidence leader rests with the committee. "He is not going to choose his own judge, that's what he is doing. Typical [of] him, he is trying to find another way to delay this process. We are not going to allow that," Malema said.
ActionSA MP Lerato Ngobeni said South Africans should take note that the president was hiding from accountability. "There are mischievous things going on in this process. Please, we must proceed with the process; we cannot be held to ransom. It looks like this process is never going to take off. It's very clear as to what the motives are," she said.
MK Party parliamentary leader John Hlophe said: "A president who has nothing to hide should not be using all these delaying tactics. He is doing that in an attempt to avoid the inevitable. South Africans [have] a right to know what happened at Phala Phala. President Ramaphosa is delaying that. We cannot allow that."
ANC Denies Stalling
ANC MPs denied that Ramaphosa was trying to stall the process. "It is not correct to say that a letter from the president means that he is trying to choose the evidence leader," said ANC MP Cameron Dugmore.
Gana also asked the committee to allow legal services to consider the matter, saying he did not want the committee's work to be beyond scrutiny. "One of the worst mistakes we can make as a committee is to believe the work we do is beyond scrutiny," he said, adding that he wanted to avoid the matter being taken to court.
The impeachment committee, which is investigating the Phala Phala farm scandal, remains in the preparatory stages of the process, with public hearings currently halted by the Western Cape High Court interdict pending the outcome of Ramaphosa's review application, scheduled for September.
With reporting from allAfrica.com, eNCA, The Witness, Sunday Times, News24 and YFM.
