Parliament’s Legal Department says it has found no sufficient grounds to uphold President Cyril Ramaphosa’s objection to Advocate Thandazani Madonsela being recommended as the evidence leader for the Impeachment Committee.
Ramaphosa raised concerns about Madonsela’s potential conflict of interest, citing two separate issues.
The President’s first concern stems from Madonsela’s removal as a Judicial Service Commission (JSC) appointee shortly after the 2022 interviews for the position of Chief Justice.
Ramaphosa argued that the circumstances could create a reasonable perception that Madonsela may hold a grievance against him.
His second concern relates to public remarks allegedly made by Madonsela about the Phala Phala farm robbery during an engagement with an African National Congress (ANC) study group.
Parliament’s Legal Advisor, Michael Prince, told the committee that the information currently available does not establish an actual conflict of interest.
“The information presently available does not establish an actual conflict of interest. Nevertheless, the subsequent disclosure that the advice was rendered to the ANC constitutes new information,” Prince said.
He said the new information could warrant further consideration by the committee.
“That fact alone may justify the committee formally deliberating on the President’s objection, not because its previous recommendation was invalid, but because the committee should satisfy itself that the requirement that there is no real or perceived conflict of interest remains met,” Prince added.
The committee will now have to consider Ramaphosa’s concerns and determine whether Madonsela’s appointment continues to meet the requirements for the role.