Freedom Under Law (FUL) has asked Parliament to schedule the votes for the removal of disgraced Judges John Hlophe and Nkola Motata.

At the same time, Hlophe is asking the Constitutional Court for direct access to set aside decisions against him. 

News24 reports that FUL wants the votes before the State of the Nation Address (Sona), as initially planned. FUL, which intervened several times in the protracted attempts to hold the suspended Western Cape Judge President, and Motata to account, wrote to Parliament in this regard.

In a letter addressed to Speaker Nosiviwe Mapisa-Nqakula, ANC chief whip Pemmy Majodina, and the Portfolio Committee on Justice & Correctional Services, FUL's lawyers, of the firm Webber Wentzel, noted that the committee intended to have the vote take place before the end of the year, but that the National Assembly Programme Committee determined this would not be possible and intended to schedule a sitting for late January.

‘To date, there has been no formal notification of the scheduling of these votes,’ the letter notes.

‘Our client (FUL) emphasises that the Section 177 proceedings in respect of Judge President Hlophe and Judge Motata raise issues of paramount public interest and trust in SA's fundamental constitutional institutions. There has been an inordinate and unacceptable delay in the finalisation of these matters, particularly given the ongoing damage that the failure to act is causing to the confidence the public has in the judiciary and the balance of the state. The two judges have been found guilty of gross misconduct of the gravest kind and it is of the utmost importance that the constitutionally prescribed process is finalised without delay.’

FUL further stated that the National Assembly is constitutionally obligated to have the vote expeditiously, relying on Section 237 of the Constitution.

In November 2023, the Portfolio Committee on Justice & Correctional Services resolved to recommend that the National Assembly support the removal of both judges, after the JSC made findings of gross misconduct against them. 

A two-thirds majority is needed in the National Assembly to remove a judge. Typically, the National Assembly doesn't sit before Sona, which is scheduled for 8 February 2024.

The gross misconduct finding against Hlophe dates back to 2008, but it took many legal detours before reaching the point where his removal from the Bench was before Parliament.

In May 2008, justices of the Constitutional Court laid a complaint with the JSC about Hlophe's attempt to convince Justice Chris Jafta and Justice Bess Nkabinde to rule in favour of former President Jacob Zuma in his bid to overturn warrants used to seize 93 000 pages of corruption trial evidence against him.

After much legal wrangling, the JSC found Hlophe guilty of gross misconduct in August 2021. 

In 2007, an inebriated Motata crashed his vehicle into the boundary wall of Richard Baird's Hurlingham home in Johannesburg.

Two years later, the Gauteng High Court (Johannesburg) convicted Motata of driving under the influence of alcohol and sentenced him to a fine of R20 000 or 12 months' imprisonment.

Motata was also found to have falsely accused Baird of racism.

He was eventually found guilty of gross misconduct, reports News24.

Full News24 report