Motion to remove Hlophe succeeds
Parliament has voted in support of a motion to impeach suspended Western Cape High Court Judge President John Hlophe from office – which is a first in democratic SA.
Business Day reports 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 High Court (Pretoria) Judge Sulet Potterill struck the urgent application from the roll, paving the way for the impeachment vote.
News24 reports that it has taken 15 years of disrupted JSC proceedings and 14 increasingly desperate court cases – but, after 91% of MPs in the National Assembly voted in favour of his removal, Hlophe has been removed from the Bench.
The Constitution required two-thirds of MPs to vote in favour of Hlophe's removal for the National Assembly to recommend to President Cyril Ramaphosa that he be stripped of his position on the Bench and his judicial salary (R192 000 a month) for life.
Ramaphosa will then formally notify Hlophe that he is no longer a judge. He will do the same with Judge Nkola Motata, whose removal from office was supported by 296 MPs and opposed by one.
While Motata was impeached for being involved in a well-documented drunk driving accident and then using false claims of racism to shield himself from legitimate scrutiny, Hlophe was removed after being found guilty of violating Section 165 of the Constitution, which is focused on preserving the independence of the judiciary.
IoL reports that House chairperson Cedric Frolick confirmed that the matter will be referred to Ramaphosa to approve the decision of the national legislature.
Hlophe was accused of attempting to influence the Constitutional Court's decision on search and seizure raids carried out by the Scorpions on properties of Jacob Zuma and French arms manufacturing giant Thint.
In 2021, the JSC found Hlophe guilty of gross misconduct.
The ANC, DA, IFP, UDM and other parties also backed the motion to impeach Hlophe, while the EFF, ATM and PAC voted against. They described the removal as unjustifiable.
Chairperson of the Justice & Correctional Service Committee, Bulelani Magwanishe, said judges had to uphold the rule of law.
IoL reports that he noted that the case has been dragging on for more than 15 years and the law is clear that if a judge has been found guilty of gross misconduct by the JSC, the impeachment process kicks in.
‘When the same judges are found wanting how do we hold them accountable,’ said Magwanishe.
EFF MP Busisiwe Mkhwebane argues that there had been a political witchhunt against Hlophe for many years. ‘His sin is that he discussed law with his colleagues,’ said Mkhwebane.
DA MP Glynnis Breytenbach said Hlophe was found to have tried to influence two judges of the Constitutional Court and was taken through a process by the JSC.
‘The impeachment of Hlophe or any judge has profound implications for the judicial integrity. It sends a clear message that no one is above the law,’ said Breytenbach.
The Business Day report adds MPs also voted to impeach 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.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
