Cape Town - National Assembly Speaker Nosiviwe Mapisa-Nqakula has removed UCT Professor Richard Calland from the Section 89 panel to consider a motion into the impeachment of President Cyril Ramaphosa over the aftermath of Phala Phala.
Calland was removed on Tuesday after concerns were raised about a perceived pro-Ramaphosa bias following public political pronouncements in favour of Ramaphosa.
He has been replaced by advocate Mahlape Sello, SC.
Nominated by the GOOD Party, Calland was appointed with former Chief Justice Sandile Ngcobo, who will chair the panel, and Judge Thokozile Masipa, formerly a judge in the Gauteng Division of the High Court.
An internal memorandum, dated September 27, by Mapisa-Nqakula said she had received submissions from the EFF and DA objecting to the appointment, as well as a letter from the GOOD Party in support of him.
“I have considered these three submissions together with legal advice on the matter. On September 27, I withdrew Prof Calland’s appointment.
“I must indicate that Prof Calland expressed willingness to withdraw should his appointment be seen to impair the process in any manner.
“On September 27, I appointed advocate M Sello SC to the panel.”
In a statement on Twitter, Calland said: “In light of the objections received by the speaker from certain political parties, I have accepted the view of the speaker that it may not be in the best interests of the parliamentary process for me to serve as a member of the Section 89 panel.”
He defended his independence and said he “absolutely rejects the suggestion of bias”.
“As a trained lawyer, I am capable of assessing the evidence and reaching conclusions based on an impartial application of the relevant law or rules, without fear or favour.
“And I would do so regardless of anything that I have said or written in the past in my role as a political commentator.
He said he did not want controversy to divert attention from the matter at hand or the possibility of undue delay.
DA chief whip Siviwe Gwarube hailed the axing as a “victory for accountability”. “This a victory for the institution of Parliament and indeed the legitimacy of the Section 89 Inquiry. Professor Calland’s inclusion would have been in contravention of Rule 129G of the National Assembly in that panel members must be independent and impartial,” Gwarube said.
GOOD Party secretary-general Brett Herron said the party, which nominated Calland, was disappointed at the move, which he said set a bad precedent for such appointments in the future.
soyiso.maliti@inl.co.za