The African National Congress has raised concerns over the proposed appointment of Advocate Thandazani Madonsela SC as Evidence Leader of Parliament’s Section 89 Impeachment Committee.
The concerns were contained in a letter from ANC Secretary-General Fikile Mbalula to National Assembly Speaker Thoko Didiza, following the committee’s decision to recommend Madonsela for the position.
Mbalula informed the Speaker that Madonsela had previously been briefed by the ANC to provide legal advice on matters relating to Section 89 parliamentary rules and processes.
The ANC stressed, however, that the disclosure should not be interpreted as an objection to Madonsela’s appointment or as a challenge to his integrity and independence.
“The ANC states that the disclosure does not constitute an objection to the committee’s decision, nor does it question the integrity or independence of Advocate Madonsela SC,” the letter states.
The party said its intention was to formally place the information on record before the appointment process was concluded.
Parliament spokesperson Moloto Mothapo said the issues raised in the ANC’s communication relate directly to the committee’s deliberations and decisions and should therefore be considered through the committee’s own processes.
Mothapo said Speaker Didiza had referred the ANC’s communication to the chairperson of the committee, Makashule Gana, for consideration.
He said the committee had decided that it would select an Evidence Leader through its own processes to assist with its work.
“Once the committee has concluded its decision-making process, the parliamentary administration will facilitate the necessary procurement and administrative processes,” Mothapo said.
He added that it would be appropriate for any matter affecting the committee’s decision on the Evidence Leader to be considered by the committee itself, rather than for the Speaker to pre-empt or pronounce on an issue falling within the committee’s mandate.
The disclosure comes as Parliament considers the appointment of an Evidence Leader to assist the Section 89 Impeachment Committee with its proceedings.
While the ANC has made clear that it is not formally objecting to Madonsela’s appointment, its disclosure places his previous legal work for the party on the record as the committee considers whether to proceed with the recommendation.
