NATIONAL NEWS - The Section 89 Impeachment Enquiry committee has reached a decision on who it will recommend as evidence leader for the potential hearings into President Cyril Ramaphosa’s Phala Phala matter.
The committee is continuing its work despite Ramaphosa being granted an interdict to temporarily pause the enquiry until a review into the Section 89 panel’s report is concluded.
Advocate Thandazani Madonsela earned the nomination with nine votes to the seven earned by Advocate Kate Hofmeyer.
The ANC had 11 votes at their disposal, but chose to abstain, as did the Patriotic Alliance and Al-Jama-ah.
Madonsela earned the recommendation with three votes from the uMkhonto weSizwe (MK) party, two from the EFF, and one vote each from the ACDP, Build One South Africa, ATM and UAT.
Hofmeyer’s votes came in the form of five from the DA and one vote each from the Freedom Front Plus and ActionSA.
Chairperson Makashule Gana clarified that the committee’s job was to make a recommendation, and that parliament would officially make the appointment.
Gana added that once the evidence leader was appointed, Madonsela would then recommend two assistants for consideration.
Fadiel Adams of the National Coloured Congress was unable to vote after being suspended from parliament for 20 days following an ethics complaint from the DA.
Ngalwana ruled out
The eight possibilities included the initial list of available advocates Zinzile Matebese, Vuyani Ngalwana, Pule Seleka and Hofmeyer carried over from the first deliberation date.
Advocate Ismail Jamie was previously available but opted out, with advocates Jannie Lubbe, Tiny Seboko, Carol Steinberg and Madonsela added since late July.
Ngalwana was among the frontrunners, but the ANC’s Mikateko Mahlaule highlighted his public anti-Ramaphosa stance should rule him ineligible.
Additionally, when former President Jacob Zuma initiated a private prosecution against Ramaphosa for allegedly being an accessory to the release of Zuma’s medical records, Ngalwana joined as a friend of the court.
During proceedings, Ngalwana made special reference to the Phala Phala matter.
“While addressing the court, chairperson, he criticised the National Prosecuting Authority’s reluctance to bring criminal charges against President Ramaphosa.
“That demonstrated the inherent bias that Mr Ngalwana has towards the person of the president, to the extent that he joins litigation as friend of the court,” Mahlaule stated.
Reading an excerpt from the judgement, Mahlaule said, “The complaint regarding the Phala Phala matter is improperly made in this court. No factual basis for it has been laid, and it is not relevant”.
Hofmeyer’s Ramaphosa ties not a factor
The committee put forward senior counsels Hofmeyer and Madonsela, but not before the members could argue further.
Hofmeyer’s repeated representation of Ramaphosa was questioned, with members stressing that each could be considered compromised if previous political representation was considered.
Members agreed that so long as they didn’t threaten the independence, judgement, loyalty or confidentiality of the commission, the pair should be considered.
“If Advocate Hofmeyer’s candidacy cannot be considered, then on the same grounds Advocate Madonsela should be disregarded.
“And if Advocate Madonsela can be considered, then on the same grounds, Advocate Hofmeyer should be considered,” argued the DA’s George Michalakis
Members even argued briefly over which candidate should be voted on first, with the EFF’s Julius Malema being the voice of reason.
“It can’t be that it is a by-the-way issue because it might suggest as well [bias], unwittingly so,” said Malema.
As the first to receive a nomination by a committee member, Madonsela was voted on first, securing the recommendation.
Article: Caxton publication, The Citizen
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