Parliament Legal Department Finds No Grounds For Ramaphosa Objection To Madonsela

Parliament’s Legal Department has found no grounds to uphold President Cyril Ramaphosa’s objection to Advocate Thandazani Madonsela being recommended as the evidence leader for the Impeachment Committee.

Ramaphosa had raised concerns about Madonsela’s suitability on the basis of two alleged conflicts of interest.

The first relates to Madonsela’s previous role as a Judicial Service Commission (JSC) appointee. Ramaphosa removed him from that position shortly after the 2022 interviews for the appointment of the chief justice. The President argued that this could create a reasonable apprehension that Madonsela may harbour a grievance towards him.

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The second concern stems from public comments Madonsela made about the theft at Ramaphosa’s Phala Phala farm during an engagement with an African National Congress (ANC) study group.

Parliament’s Legal Advisor, Michael Prince, told the committee that the information 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.”

Legal Advice Calls For Formal Consideration

Prince said the newly disclosed information could nevertheless warrant further consideration by the committee.

He said the development did not invalidate the committee’s earlier recommendation, but meant that members should satisfy themselves that the requirement for there to be no real or perceived conflict of interest continued to be met.

“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.”

Ramaphosa’s Two Reservations

The President’s objection therefore centres on both Madonsela’s previous interaction with the JSC process and his public remarks concerning the Phala Phala theft.

The legal advice does not find that either circumstance establishes an actual conflict of interest. Instead, it indicates that the committee should formally assess the objection in light of the newly disclosed information before determining whether the required standard concerning actual or perceived conflicts remains satisfied.