The Western Cape High Court has dismissed an application that was brought by the Economic Freedom Fighters (EFF) and the African Legal Professionals Association (ALPA) against Parliament’s Section 89 Impeachment Committee.
The two were challenging the committee’s decision to rescind the recommendation of Advocate Thandazani Madonsela as its evidence leader. The arguments of the EFF and ALPA were that the decision of the committee was irrational and unlawful.
The committee rescinded its decision after a letter from President Cyril Ramaphosa, in which he cited possible bias from Madonsela because he removed him as an appointee to the Judicial Service Commission and also that Madonsela had previously advised an ANC study group on the Section 89 process.
“The applications under case number 2026/217656 and 2026/218541 as the matters of urgency under rule 612 and non-compliance with the forms of service is condoned. The application under case number 2026/217656 is dismissed. And the application under case number 2026/218541, is dismissed. There is no order as to costs in their application.” says Judge Chantel Fortuin.
The Chairperson of the Section 89 Impeachment Committee has welcomed the court’s decision.
“The Western Cape High Court has just delivered judgment on the application that was brought by the EFF and also the ALPA on the decision to rescind the nomination of Advocate Madonsela. The Western Cape by majority PF the judges have dismissed both the applications of the EFF and the ALPA. As the chairperson of the committee, I do welcome the judgment of the Western Cape High Court.” says Chairperson of the Impeachment Committee Makashule Gana,