Phala Phala inquiry races to appoint new evidence leader as Ramaphosa heads to court

Phala Phala

Cape Town – Parliament’s Section 89 Impeachment Committee is racing to appoint a new evidence leader for its Phala Phala inquiry, while President Cyril Ramaphosa’s legal challenge against the process is being heard in the Western Cape High Court. 

Committee chairperson Makashule Gana said political parties have until Friday to submit further nominations, with the committee expected to consider the names at its meeting next Wednesday. 

The push to appoint a new evidence leader comes after the committee voted 18–9 on Tuesday to rescind its recommendation of Advocate Thandazani Madonsela SC for the position. 

Madonsela’s nomination had been challenged by Ramaphosa, who raised concerns about the advocate’s previous work for the ANC. 

According to Business Day, the committee said the decision was aimed at ensuring procedural fairness and protecting the inquiry from further legal challenges. The committee had initially recommended Madonsela on 5 August. 

Gana said the committee wanted to avoid having to revisit the appointment later if concerns about a candidate emerged. 

“With the nomination by Friday, by next week Wednesday, when we have our meeting, Wednesday the 8th, we’re going to have our meeting. We need to confirm the evidence leader, recommend, and then be able to get that documentation to Parliament,” Gana said. 

He said the committee was determined to move quickly despite the possibility of further litigation. 

“We will be moving with speed. There’s that desire from the committee that we need to move with speed with the appointment of the evidence leader,” Gana said. 

Gana also rejected suggestions that Ramaphosa was dictating the committee’s process, saying legal advice had guided its decision to rescind Madonsela’s nomination. 

“Do I see the president as dictating the terms? No, I don’t. I don’t,” he said. 

According to EWN, Gana said the committee was aware that the President could continue challenging aspects of the impeachment process in court, but that such litigation would not determine the committee’s timetable.

The latest developments come as Ramaphosa’s separate legal challenge to the Section 89 independent panel report gets under way in the Western Cape High Court. 

The President is seeking to have the report, which found that he had a case to answer over the theft of about $580,000 from his Phala Phala farm, reviewed and set aside. The hearing began on Wednesday and is expected to run until Friday. 

The legal battle has already affected the parliamentary process. A Western Cape High Court interdict prevents the committee from proceeding with public impeachment hearings while Ramaphosa’s review application is being considered. 

Despite this, the committee has continued with preparatory work, including its terms of reference and the process of appointing an evidence leader. 

The latest move has also triggered political criticism. Opposition MPs accused the ANC of using the rescission of Madonsela’s nomination to delay the inquiry, while supporters of the decision argued that resolving potential conflicts was necessary to protect the credibility of the process. 

Gana said the committee had sought legal advice before rescinding its earlier decision, including confirmation from the National Assembly Table that it had the authority to reverse the recommendation. 

He said the committee would now consider the new nominations and work towards finalising its recommendation.  

The appointment comes at a critical stage of the long-running Phala Phala saga, with the parliamentary inquiry facing both political scrutiny and an ongoing court challenge over the very report on which the impeachment process is based. 

Picture: X/ Action SA

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Compiled by Glaan Sibuyi

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