DA 'not convinced' of Richard Calland’s objectivity in Phala Phala inquiry

The DA’s Siviwe Gwarube has expressed concern about the inclusion of Prof Richard Calland in the section 89 inquiry into President Cyril Ramaphosa’s actions in relation to the robbery at his Phala Phala farm.

“Prof Calland has, through his political commentary and social media pronouncements, displayed a consistent bias towards the president which makes him unsuitable for this role given that this panel must be free from any hint of bias,” said Gwarube in a statement on Thursday.

To demonstrate its dissatisfaction, Gwarube says the DA will raise the matter with National Assembly speaker Nosiviwe Mapisa-Nqakula in a meeting with other political parties on Tuesday next week.

Calland, who is an associate professor of public law at the University of Cape Town, declined to comment, saying, “it would not be appropriate for me to comment”.

TimesLIVE reported earlier that Mapisa-Nqakula appointed a legal panel to assess if there are grounds to impeach Ramaphosa over the robbery at his Limpopo game farm. The panel comprises Calland, former chief justice Sandile Ngcobo, who will chair the panel, and former Gauteng judge Thokozile Masipa, known for the high-profile Oscar Pistorius trial.

This comes after the African Transformation Movement leader Vuyo Zungula submitted a motion to Mapisa-Nqakula requesting the house to initiate an inquiry into Ramaphosa’s removal from office as provided for by section 89 of the constitution. 

The speaker made the selection from 17 nominees recommended by political parties represented in the National Assembly.

The new rules that give effect to the section 89 removal of the president were adopted in November 2018 after the Constitutional Court ruled in 2017 the National Assembly must put in place procedures to give effect to that section of the constitution.

The DA had nominated former Constitutional Court justice Yvonne Mokgoro and Dikgang Moseneke, along with former high court judge Jeanette Traverso. Mokgoro and Moseneke were also nominated by some of the other parties, including the EFF, UDM and IFP.

Gwarube said: “The panel should be independent and objective in order to do its work without fear or prejudice.”

She added the rules of the National Assembly which were adopted to give effect to section 89 of the constitution were clear.

“The speaker ought to select — following consultation with the parties represented in parliament — three members who are fit and proper, competent, experienced and respected SA citizens, which may include a judge.”

While the DA has no concerns about the members of the judiciary who have been appointed, Gwarube said the party “is not convinced of Prof Richard Calland’s objectivity and independence”.

“Prof Calland is no doubt a respected academic in the legal fraternity but is also a political commentator who routinely plays into the political fray; publicly offering his political views, especially as it pertains to the president.”

She said the rules make provision for the inclusion of an academic, however the inclusion of Calland “will inevitably threaten the legitimacy and the integrity of the entire process”.

“It is therefore unclear why the speaker — aware of the sensitivity of this process — would select someone who cannot be viewed as an independent panel member based on this public work over the years,” she said.

“The report produced by this panel becomes critical for parliament’s next steps as per the rules. If this assessment by the panel is compromised — whether in practice or in perception — it will mean the entire exercise cannot be taken seriously.”

TimesLIVE

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