Parliament has found a replacement for University of Cape Town (UCT) associate professor, Richard Calland to serve on Phala Phala panel.
Addressing the matter during a Programming Committee meeting on Thursday, National Assembly Speaker, Nosiviwe Mapisa-Nqakula confirmed that the three-person panel has now fully been appointed.
Advocate Mahlape Sello, who recently served on the State Capture Commission, has been named as Calland’s replacement following the UCT professor’s withdrawal from the panel this week.
The Speaker had sought a legal opinion on Calland’s appointment following objections from the Democratic Alliance (DA) and Economic Freedom Fighters (EFF).
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“So the report came saying, yes indeed we should withdraw the candidates and then of course we couldn’t go out and advertise the one slot. We looked at the names that were already available and I have written to parties informing them that I have replaced Professor Calland with Advocate Mahlape Sello. So that where we are now,” she said.
Sello joins former Constitutional Court (ConCourt) Chief Justice, Sandile Ngcobo and former Judge, Thokozile Masipa on the panel, which will determine whether President Cyril Ramaphosa has a case to answer regarding the robbery at his Phala Phala farm in Limpopo.
The panel, which has been given 30 days to complete its work, will resume its work at a date that will be determined.
The Speaker has written back following legal advice on the inclusion of Prof Calland in the Section 89 Inquiry. Parly legal advice has vindicated the view that his public work/commentary could compromise the integrity of the independent panel.
She has withdrawn the appointment. https://t.co/pHP0ebi9qU pic.twitter.com/0QV7q8ryYp— Siviwe Gwarube (@Siviwe_G) September 27, 2022
Section 89 motion
The panel will decide whether the president will be subject to a process that may lead to his removal from office in terms of Section 89 of the Constitution and Rule 129A-Q of the National Assembly Rules.
The establishment of the panel comes after Mapisa-Nqakula accepted a request by the African Transformation Movement (ATM) for a Section 89 inquiry to be established against Ramaphosa.
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The ATM’s motion was based on allegations of money laundering, among others, related to February 2020.
The panel has to make a recommendation whether sufficient evidence exists to show Ramaphosa committed any of the violations specified in the party’s motion.
This may lead to the president being subjected to a process that may lead to his removal from office in terms of Section 89 of the Constitution and Rule 129A-Q of the National Assembly Rules.
Ad hoc committee
Meanwhile, the DA’s bid to establish an ad hoc committee to investigate the Phala Phala scandal failed in the National Assembly on Wednesday.
DA chief whip Siviwe Gwarube had brought a motion which was debated in a mini-plenary on Tuesday and was then voted on the following.
The ANC MPs, along with GOOD Party, defeated the motion 199 to 126.
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