The EFF is asking the Court to declare the decision unlawful and set it aside, arguing that the process amounted to an abuse of parliamentary procedure by the African National Congress (ANC).
The challenge follows a vote last week in which 18 Members of Parliament supported Madonsela’s removal, while nine MPs voted for Madonsela to remain in the position.
President Cyril Ramaphosa had earlier written to Parliament raising reservations about Madonsela’s appointment, citing two potential conflicts of interest.
Ramaphosa said Madonsela had been removed as an appointee to the Judicial Service Commission shortly after the 2022 interviews for the appointment of the Chief Justice. Ramaphosa argued that the circumstances created a reasonable apprehension that Madonsela could harbour a grievance towards Ramaphosa.
The second reservation concerned public comments made by Madonsela about the Phala Phala theft during an engagement with an ANC study group.
The EFF has rejected the rationale for Madonsela’s removal and maintains that the Section 89 committee’s decision should not stand.
The Section 89 committee was established to consider the findings of an independent panel into allegations relating to the theft of foreign currency from Ramaphosa’s Phala Phala farm in Limpopo.
–SABC/ChannelAfrica–
