The impeachment of Judge President John Hlophe and Judge Nkola Motata on Wednesday, according to judiciary watchdog Judges Matter, was “historic” and “significant” and had been anticipated for a long time.
Judge President Hlophe was found guilty by the Judicial Service Commission (JSC) of trying to persuade two Justices of the Constitutional Court (ConCourt) to break their oaths of office.
Hlophe Begged the Court to Interrupt the Impeachment Vote Process
Hlophe had requested that the vote be postponed while the Constitutional Court considered his application to overturn the justice portfolio committee’s impeachment recommendation and for parliament to enact judge impeachment procedures.
The parliamentary vote on Wednesday’s impeachment of Gauteng High Court Judge Nkola Motata and Western Cape Judge President John Hlophe was deemed “historic” and “significant” by the judiciary watchdog Judges Matter.
Both Judges are Found Guilty
Both judges have been found guilty of gross misconduct by the Judicial Service Commission (JSC): Motata for making offensive comments at an accident scene and putting up an inaccurate defense during his subsequent trial, and Hlophe for inappropriately trying to sway two justices of the Constitutional Court.
First to be impeached in a democratic South Africa
The disgraced Hlophhle is now the first judge in South Africa’s democratic history to be impeached.
According to Mbekezeli Benjamin of Judges Matter, “It’s historic because it’s the first time that Parliament votes on the impeachment of two judges and significant because both judges have previously been found guilty of gross judicial misconduct by the JSC. Now, Parliament has to vote on whether or not they should remain in office.”
As Judges, the Two will Lose Their Status and Salaries
According to Benjamin, the two judges would forfeit their lifetime entitlement to their salaries and any related perks, such as housing and health insurance.
He added, “They may no longer be referred to as judges and will lose their title and status as judges.”
Hlophe Tried to Improve Judgement in Court
This was connected to a case from 2008 in which it was alleged that Judge President Hlophe tried to sway the ConCourt’s decision in the Thint/Zuma cases.
The former president Jacob Zuma was a party to the case. Judge Motata, who retired in 2009, was convicted of driving under the influence and found guilty of severe misconduct.
305 Voted to Removal of Hlophe While 27 Voted Against
Parliament reports that 27 members voted against Judge Hlope’s removal from office, while 305 members supported it. Regarding Judge Motata’s dismissal from office, 296 members voted in favor of it, 1 member voted against it, and 13 members abstained.
The impeachment of two judges is historically significant since it has never occurred in South Africa before, according to researchers Genevieve Maujean and Dimakatso Nchodu at the Judges Matter project of the Democratic Governance and Rights Unit at the Faculty of Law, University of Cape Town. This is because it began in 1994.
Low Moment in The History of South Africa Judiciary
Without a question, today’s impeachment vote in Parliament is historic. However, it also has symbolic significance since it upholds judicial integrity and accountability. This is a low point for the South African courts in many respects.
“But it’s also a confirmation of South Africa’s robust constitutional framework in action, something we ought to all rejoice in,” Parliament stated. The resolution regarding the dismissal of the two judges will now be forwarded to the President.
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