Richard Calland withdraws from Phala Phala panel following DA, EFF complaints

University of Cape Town (UCT) associate professor, Richard Calland has decided to withdraw from the panel that will look into President Cyril Ramaphosa‘s Phala Phala farm saga.

Calland, who was nominated by GOOD Party to serve on the three-person panel, confirmed his withdrawal in a statement on Tuesday afternoon.

National Assembly Speaker, Nosiviwe Mapisa-Nqakula had appointed Calland, alongside former Constitutional Court (ConCourt) Chief Justice – Sandile Ngcobo and former Judge – Thokozile Masipa earlier this month, to serve on the panel which will determine whether Ramaphosa has a case to answer regarding the robbery at his Phala Phala farm in Limpopo.

But the UCT professor’s appointment had been called into question by the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF).

‘Unnecessary controversy’

Following consultation with the Speaker, Calland conceded that “it may not be in the best interests of the parliamentary process” for him to serve as a member on the panel.

He, however, also hit back at those questioning his independence.

“I am a fiercely independent person and so I absolutely reject the suggestion of bias that was made against me.

“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,” the UCT professor’s statement reads.

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Calland further noted that the controversy around his appointment may disrupt the work of the panel.

“However, this is not the only consideration. I have devoted my career to constitutional democracy and accountability, and the rule of law.

“Accordingly, I do not want unnecessary controversy over my appointment to divert attention from the real issues that are at stake, or the possibility of undue delay arising from it, to clutter or otherwise impair the integrity of such an important constitutional process.

Although I strongly reject any allegation of bias, I have today – in consultation with the Speaker – accepted that it may not be in the best interest of the parliamentary process for me to serve as a member of the Section 89 Panel.

My full statement below: pic.twitter.com/iqcdcdZMM9

— Richard Calland (@richardcalland) September 27, 2022

Last week, Mapisa-Nqakula defended Calland, saying she had initially decided against the withdrawal of his appointment.

She said Calland’s independence was the issue for some, rather than his integrity.

There are only three names left who would be able to replace Calland, according to the Speaker.

Section 89 motion

The panel, which has been given 30 days to complete its work, 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.

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.

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