The appointment of Adv Thandazani Madonsela SC as Evidence Leader for Parliament’s Section 89 Impeachment Committee has come under scrutiny after the African National Congress (ANC) disclosed that he had previously provided legal advice to the party on matters relating to the parliamentary process.
National Assembly Speaker Thoko Didiza has referred the ANC’s communication to the chairperson of the Section 89 Impeachment Committee for consideration.
The ANC Secretary-General, Fikile Mbalula, informed Parliament that Madonsela had previously been briefed by the party to provide legal advice on Section 89 parliamentary rules and processes.
The disclosure was made after the committee resolved to recommend Madonsela as its Evidence Leader.
However, the ANC stressed that the disclosure does not amount to an objection to Madonsela’s appointment and does not call into question her integrity or independence.
Instead, the party said it wanted the information formally placed on record before the appointment process was concluded.
The issue now rests with the Section 89 committee, which had previously determined that it would select an Evidence Leader through its own processes.
Didiza said the concerns raised by the ANC relate directly to the committee’s deliberations and decisions and should therefore be considered by the committee itself.
She has consequently refrained from making any determination on Madonsela’s suitability or whether his previous work for the ANC creates a potential conflict.
The Speaker’s office said it would be inappropriate for Didiza to pre-empt the committee or pronounce on matters that fall within its mandate.
“Any matter bearing on the committee’s decision regarding the Evidence Leader” should therefore be considered by the committee, Parliament said.
The committee will have to consider the disclosure as part of its ongoing process before a final decision is implemented.
Once the committee concludes its decision-making process, Parliament’s administration will facilitate the necessary procurement and administrative arrangements for the appointment of the Evidence Leader.
The development does not mean Madonsela’s appointment has been rejected or withdrawn.
Rather, the ANC’s disclosure has placed her previous legal work for the party on the record, leaving the committee to determine whether it has any bearing on her proposed role in the impeachment process.
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