Mr Makashule Gana, who chairs the Impeachment Committee for the Section 89 Enquiry, spent this week speaking about the weight of a decision now resting with the Western Cape High Court, which has reserved judgment in applications brought against the committee’s work. The courtroom wait has begun for the people at the centre of one of Parliament’s most consequential enquiries.
For Gana, the stakes are personal as well as procedural. He is the public face of a committee whose earlier choices are being legally tested, and he was asked to respond after two days of oral submissions before the court. Judgment was reserved on Wednesday, leaving the applicants, the Economic Freedom Fighters (EFF) and the African Legal Professionals Association (ALPA), and the committee alike to wait for the court’s verdict.
The two organisations are challenging a decision taken earlier by the committee: the withdrawal of its recommendation of Advocate Thandazani Madonsela SC as chief evidence leader. What that change has meant in practice is a pause on the committee’s own momentum. In the meantime, Gana explained, the committee has resolved not to proceed with appointing an evidence leader until the court matter is settled.
Speaking publicly this week, Gana sought to reassure those watching the enquiry that the committee stands behind its record. “I remain confident that we presented the facts as they are, that the committee acted within the law and that there was no bad faith whatsoever on the part of the committee,” he said.
That confidence, he stressed, does not extend to predetermining the outcome. Gana said that while he believes the judgment will favour the committee, its members have committed to respecting the court’s decision either way. “Whatever direction the judgment takes, we will respect it and ensure that it is implemented in accordance with the law and the Rules of the National Assembly,” he said.
Behind the legal argument described in court sits a body still trying to do its work. Gana indicated that the committee’s attention will now shift to finalising its terms of reference while it awaits the reserved judgment, a sign that members intend to keep moving on the enquiry’s groundwork even as the litigation runs its course.
The Section 89 Enquiry itself is among the most serious procedures available to the National Assembly, and the people drawn into it, from the committee chairperson who must defend its decisions publicly to the media officers fielding questions from reporters, are working under intense scrutiny. Enquiries of this kind place ordinary demands on those involved: long sessions, careful adherence to rules, and, in moments like this one, public accountability for procedural judgments.
For now, the human face of the committee’s response has been Gana’s. His message this week was consistent: the facts were presented as the committee sees them, the applicants’ arguments were answered, the law was followed, and the court’s ruling will be honoured regardless of which way it falls. Media enquiries arising from the statement are being handled by the committee’s Media Officer, Ms Alicestine October, who can be reached at 083 665 4345 or at [email protected].
A soundbite of the chairperson has also been made available to the public and media at https://iono.fm/e/1728727, allowing those following the enquiry to hear Gana’s own words rather than relying on summaries of them.
Parliament confirmed the details of the statement on Thursday, 15 October 2026. Until the Western Cape High Court delivers its reserved judgment, both the committee and its critics remain in a holding pattern, with the terms of reference work and the pause on any evidence leader appointment marking the practical reality of the wait.
The statement was issued by the Parliamentary Communication Services on behalf of the Chairperson of the Impeachment Committee for the Section 89 Enquiry, Mr Makashule Gana.