SPEAKER APPOINTS THE INDEPENDENT PANEL ON A MOTION TABLED IN THE NATIONAL ASSEMBLY IN ACCORDANCE WITH SECTION 89 OF THE CONSTITUTION

Parliament, Wednesday, 14 September 2022 - The Speaker of the National Assembly, Ms Nosiviwe Mapisa-Nqakula, has applied her mind to the 17 nominees recommended by political parties represented in the National Assembly for appointment to the Independent Panel to conduct a preliminary assessment of a motion tabled in accordance with section 89 of the Constitution.

In terms of the Rules, the Speaker must appoint the Panel after giving political parties represented in the Assembly a reasonable opportunity to put forward nominees, and after she has given due consideration to all persons so nominated.  The Speaker wishes to thank all political parties who nominated candidates for appointment.

The Rules state that the panel must consist of three fit and proper, competent, experienced and respected South African citizens, which may include a Judge, and who collectively possess the necessary legal and other competencies and experience to perform the preliminary assessment of the motion. If a Judge is to be appointed, the Speaker must do so in consultation with the Chief Justice. 

Of the 17 persons nominated, 11 are retired and serving judges and 6 are Advocates of High Court, Senior Counsels and Law Academics. Accordingly, the Speaker has conferred with the Chief Justice of the Republic of South Africa regarding the appointment of judges to the panel, and she has received concurrence. 

After a 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 a gender and demographic balance and having established their availability to serve on this Panel, the Speaker has appointed three fit and proper persons to discharge their assigned responsibilities.

The appointed persons are:

1. Justice Sandile Ngcobo, former Chief Justice of the Constitutional Court of South Africa, appointed as Chairperson of the Panel;

2. Judge Thokozile Masipa, former Judge of the Gauteng Division of the High Court of South Africa;

3. Professor Richard Calland, Associate Professor of Public Law at the University of Cape Town.

The Speaker wishes to sincerely thank the Panel members for their acceptance of her invitation and accordingly wishes them well in their important task ahead.

The Panel will commence its work on a date to be determined following the conclusion of administrative processes.  The date will be announced in the Announcements, Tablings and Committee Reports (ATC) publication.

Statement issued Moloto Mothapo, Parliament, 14 September 2022