Phala Phala: top legal experts decline parliamentary probe nominations

Only eight out of the 17 people who were nominated by political parties to serve on the independent panel that will ascertain whether a motion to impeach President Cyril Ramaphosa passes muster, availed themselves for the task.

TimesLIVE can reveal that former chief justice Mogoeng Mogoeng, former deputy chief justice Dikgang Moseneke and former Constitutional Court justices Sisi Khampepe, Yvonne Mokgoro and Kate O’Regan were among the legal minds that political parties nominated for the pioneering task but declined the nomination.

Mogoeng, who retired from the bench last October, was nominated by five political parties — the African Christian Democratic Party (ACDP), UDM, EFF, African Transformation Movement (ATM) and the Pan African Congress.

He was “not available for appointment”, according to a parliamentary document seen by TimesLIVE.

A whopping seven organisations, the highest number of nominations, including by the governing ANC, wanted Moseneke to be on the independent panel. He too was not available. The DA, EFF, IFP, ACDP, UDM and PAC were the other parties that nominated the highly-respected former deputy chief justice.

The ANC, DA, EFF, UDM, ATM and PAC had also wanted Mokgoro, but to no avail.

Respected former judge president of Gauteng high court Bernard Ngoepe was also not available for this task. He was nominated by the UDM, EFF, ATM and PAC.

Parliament announced on Wednesday that National Assembly speaker Nosiviwe Mapisa-Nqakula appointed former chief justice Sandile Ngcobo, retired judge Thokozile Masipa and academic Prof Richard Calland to the independent panel to conduct a preliminary assessment of a motion tabled in accordance with section 89 of the constitution

Ngcobo was nominated by the IFP, while Masipa was the UDM’s nominee and Calland, whose inclusion has been rejected by the DA and EFF, was nominated by GOOD.

Other prominent names that were available but not appointed were advocate Griffiths Madonsela SC, , retired judge president of the Western Cape judge Jeanette Traverso, professor Moses Retselisitsoe Phooko and legal expert Dr Llewelyn Curlewis, who was nominated by the Freedom Front Plus.

Parliament spokesperson Moloto Mothapo said the speaker appointed the panel “after careful consideration of the names at her disposal, assessment of their credentials against the provisions of the rules, as well as a need to secure gender and demographic balance and having established their availability to serve on this panel”.

According to the National Assembly rules, “the assembly must, if and when required, establish an independent panel to conduct any preliminary inquiry on a motion initiated in a section 89 inquiry”.

The panel has to consist of three fit and proper, competent, experienced and respected South Africans, who may include a judge and who collectively possess the necessary legal competence and experience.

The speaker appoints the panel, after giving political parties represented in the assembly reasonable opportunity to put forward nominees for consideration, and after the speaker has given due consideration to all people so nominated.

The rules prescribe that if a judge is to be appointed to the panel, the speaker has to do so in consultation with the chief justice.

*An earlier version of this story identified advocate Madonsela as the former public protector, Thuli Madonsela. This has been rectified to reflect that the advocate referred to is Griffiths Madonsela SC. 

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