Pretoria - More legal minds have come out in defence of the onslaught against the parliamentary Section 89 panel that blew the lid off the Phala Phala scandal.
The panel found that President Cyril Ramaphosa had “a case to answer” regarding alleged crimes that took place at his Limpopo farm.
The panel consisted of retired Chief Justice Sandile Ngcobo, former Judge Thokozile Masipa and advocate Mahlape Sello, who have been heavily criticised by backers of Ramaphosa after they released the report last week.
Ramaphosa is under fire after the panel report found there was prima facie evidence of “serious misconduct and gross violation of the Constitution” in terms of his involvement in the Phala Phala scandal.
Ramaphosa stands accused of concealing a crime at his Limpopo farm after millions of dollars were stolen.
The trio have been under fire from former public protector Thuli Madonsela, the South African Democratic Teachers Union and others.
After the report’s release, Sello’s independence as a panel member was widely questioned, with some members of the public raising concerns that she previously represented suspended ANC secretary-general Ace Magashule, seen as Ramaphosa’s nemesis.
The Presidency has continued to keep mum on questions sent by the Pretoria News regarding the accusations by the legal fraternity that they could be involved in the attacks.
Questions sent to Presidency spokesperson Vincent Magwenya included what the president thought of the attacks on the panel and why they thought Sello was singled out in the attack.
The Johannesburg Society of Advocates is the latest to come out in defence of Sello, saying she was not the original appointment to the panel, and it was concerned that the objections and concerns only came after the panel released its report.
In a statement, its chairperson, Pule Seleka, said: “Advocate Sello SC was appointed as a member of the panel after Professor Richard Calland withdrew on account of objections and concerns regarding the independence of the panel.
“The Johannesburg Society of Advocates takes note that issues regarding advocate Sello SC’s appointment surfaced only once the panel rendered its report, and not at the time of her appointment.
“It is particularly unfortunate that advocate Sello SC’s independence is being brought into question on account of the identity of clients whom she has previously represented.
“Conclusions regarding her independence drawn on this basis are rooted in a fundamental misunderstanding of the duties of an advocate.”
He added that the cornerstone of the advocates’ profession was that advocates were independent practitioners of the law and officers of the court, which meant advocates were independent of and not beholden to any client which the advocate represented.
A statement signed by Vuyani Ngalwana, Dali Mpofu, Muzi Sikhakhane, Griffiths Madonsela, Lizzy Baloyi Mere, Menzi Simelane, Ndlovukazi Sikhakhane, Mpati Qofa, Nqabayethu Buthelezi, Nomgcobo Jiba, Mpilo Sikhakhane, Mawande Baza-Seti, Fumisa Ngqele, Nkateko Tshabalala and Thabiso Mhlanga, calling themselves “concerned advocates”, came out guns blazing in defence of Sello, saying they rejected the attacks.
“We have noted with great concern the cruel, gratuitous and seemingly well-orchestrated attacks on our colleague, Mahlape Sello SC, for performing her professional duties as an advocate appointed as part of the panel established in terms of Section 89 of the Constitution.”
The advocates asserted that those who now question Sello’s integrity were doing it to defend Ramaphosa “in relation to whom the panel has found prima facie (face value) information for the president to answer the allegations levelled against him on Phala Phala.”
Yesterday Independent Media reported that a group of lawyers calling themselves Advocates For Transformation raised concerns that Ramaphosa’s faction had developed in the legal fraternity.
“Since the panel’s report was released there has been a flood of what appears to be a sponsored fightback at the expense of independent senior counsel rendering an important service to our own country,” the advocates said.
Pretoria News