Parliament defends decision to drop Madonsela as Phala Phala evidence leader

Parliament has defended its decision to remove Advocate Thandazani Griffiths Madonsela as the evidence leader in the Section 89 impeachment inquiry into President Cyril Ramaphosa's Phala Phala scandal. The court heard arguments on Wednesday as the EFF and the African Legal Professionals Association (ALPA) seek to overturn the committee's decision.

The organizations argue that the committee's removal of Madonsela was irrational and unlawful. However, Parliament contends that the inquiry was not yet finalized and that new information warranted reconsidering Madonsela's appointment. The committee's lawyer, Kameel Premhid, argued that Madonsela had not been formally appointed and that the committee was entitled to reassess its recommendation after receiving new material facts.

Premhid emphasized that the committee's decision should be evaluated based on the reasons behind it and the debate that led to the conclusion, rather than solely on the fact that the position changed. He rejected the claim that the committee acted irrationally, noting that the reasons provided in the transcripts demonstrated rationality, even though the process they followed might not align with the applicants' preferences.

The dispute centers around Ramaphosa's concerns about Madonsela's suitability due to his previous involvement in the impeachment matter and her removal from the Judicial Service Commission, which could potentially create a conflict of interest. The committee has halted the selection of a replacement evidence leader until the court's decision is finalized.