Assembly impeaches judges Hlophe, Motata
The National Assembly on Wednesday voted to impeach Western Cape judge president John Mandlakayise Hlophe, marking the first time in SA history that a sitting judge has been removed from office.
The vote, with 305 votes in favour and 27 against, came hours after the Western Cape High Court dismissed Hlophe’s last-ditch bid to delay the vote. Gauteng judge Sulet Potterill struck the urgent application from the roll, paving the way for the impeachment vote, which was held soon after finance minister Enoch Godongwana presented the budget statement to the house.
MPs from 10 out of 14 political parties represented in the National Assembly supported Hlophe’s removal, while the EFF, the African Independent Congress, the PAC and Al Jamaah objected.
The Judicial Service Commission (JSC) found Hlophe guilty of gross misconduct, saying he had attempted to influence, improperly, Constitutional Court judges Bess Nkabinde and Chris Jafta to decide matters in favour of particular litigants.
Section 177 of the constitution
provides for a judge to be removed from office only if the JSC finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct.
Judges Matter, a civil society coalition, welcomed the vote, describing it as “significant” and “historic”.
MPs also voted to impeach another former high court judge, Nkola Motata, who crashed his vehicle while under the influence of alcohol in 2007, made racist remarks at the scene of the accident, and advanced a defence at his ensuing trial that
he knew was untrue.
The MPs voted 296-1 to impeach Motata, with 13 abstentions.
The National Assembly’s resolution to remove Hlophe and impeach Motata will be communicated to President Cyril Ramaphosa, who is the appointing authority.
An impeached judge loses their salary, which they would otherwise be entitled to for life, as well as all accompanying benefits, including housing and medical aid.
They also lose the lifetime title and status of a judge.
MPS ALSO VOTED TO IMPEACH RETIRED NKOLA MOTATA, WHO DROVE DRUNKEN AND MADE RACIST REMARKS