The battle over who should lead evidence in Parliament’s Section 89 Committee has moved to the courts after the Economic Freedom Fighters (EFF) challenged the removal of Advocate Thandazani Griffiths Madonsela.
The EFF has filed papers in the Western Cape High Court seeking to overturn the committee’s decision to rescind its recommendation that Madonsela serve as chief evidence leader.
The party alleges that the decision was an abuse of parliamentary process and has placed the role at the centre of a growing political dispute.
Madonsela’s removal followed concerns raised by President Cyril Ramaphosa over potential conflicts of interest.
Ramaphosa cited his previous decision to remove Madonsela from the Judicial Service Commission following the 2022 Chief Justice interviews, arguing that this could create a reasonable apprehension of bias.
He also raised concerns about comments Madonsela made regarding the Phala Phala theft during an engagement with an ANC study group.
The committee voted 18-9 in favour of removing Madonsela, with the EFF now asking the High Court to declare that decision unlawful and set it aside.
The court challenge could determine whether Parliament’s decision-making process in the matter withstands judicial scrutiny.