CAPE TOWN, Western Cape — The Economic Freedom Fighters (EFF) is taking President Cyril Ramaphosa and Parliament’s Section 89 impeachment committee to the Western Cape High Court following the controversial withdrawal of Adv. Thandazani Madonsela as the recommended chief evidence leader. This legal challenge centers on the committee’s decision to rescind Madonsela’s nomination after the President raised objections regarding a potential conflict of interest.
EFF Deputy President Godrich Gardee stated that the committee’s reversal is in bad faith and legally *functus officio*, meaning the body had already completed its work by formally deciding on its evidence leader. Gardee emphasized that President Ramaphosa had ample time to raise objections during the initial appointment process. He noted that the President’s party abstained from the voting process at the time, and that this prior abstention cannot now be camouflaged as a valid objection to force a rescission of the committee’s own decision.
Furthermore, Gardee pointed out that the committee’s reversal contradicts the legal opinion provided by Parliament’s own legal services, who were appointed by the committee itself to advise on the matter.
Addressing the specific conflict of interest claims, Gardee argued that Madonsela’s past legal work was not conducted for the President, was inconclusive, and had been fully disclosed to the committee from the outset without initial objection from the ANC. He asserted that the Speaker and Parliament cannot act on the “whims and caprices” of the ANC secretary general. Additionally, Gardee dismissed claims that Madonsela harbors a grudge over not being reappointed to the Judicial Service Commission (JSC), explaining that such appointments are strictly term-based, subject to standard renewal processes, and that non-reappointment is not unique to Madonsela.
The EFF contends that the ANC’s actions represent a deliberate stalling strategy to delay the impeachment process. Gardee drew parallels to President Ramaphosa’s historical litigation tactics, specifically referencing the CR17 campaign donation concealment case, as an attempt to frustrate the judiciary and avoid finality. Despite these hurdles, Gardee expressed strong confidence that the Section 89 process will reach a logical conclusion on its merits. He noted that the President must be given the opportunity to rebut the *prima facie* evidence of a serious violation of the Constitution or the law, as previously identified by the Chief Justice’s panel.
The article also highlights growing controversy surrounding the committee’s leadership. The MK party has called for the replacement of impeachment committee chairperson Makashule Gana due to his party’s participation in the Government of National Unity (GNU). Gardee echoed concerns about Gana’s independence, suggesting that public records indicate his appointment involved irregular lobbying rather than an ordinary democratic process, leaving him “singing for his supper.”
Shifting to electoral matters, Gardee addressed the ANC’s decision to approach the electoral court after missing the Independent Electoral Commission (IEC) deadline on August 28. He predicted the ANC would lose the case with costs, citing strong legal precedents. He noted that between 2021 and 2026, numerous political parties took the IEC to court over by-election registration issues and lost, including a similar dismissed argument by the National Freedom Party in 2016. Gardee emphasized that the IEC had opened the registration portal weeks in advance, making the deadline absolute.
Looking ahead to the November 4 local government elections, Gardee projected that the EFF is poised to significantly expand its municipal control. He stated the party is ready to capitalize on the “incompetency of the corrupt ANC” in key areas, including the Mangaung Metro. Gardee firmly rejected any suggestions that the EFF’s record in coalition governance has been tarnished, highlighting clean audits and service delivery awards for EFF mayoral committee members (MMCs) in Johannesburg, Ekurhuleni, and Tshwane Metro as proof of the party’s efficient and quality service delivery.
