Parliament says there can be no further delay in the impeachment processes of Justice Nkola Motata and Western Cape Judge President John Hlophe. The Justice and Correctional Services Committee say this is not in the interest of justice. The committee is currently deliberating on how to proceed with the impeachment process in both cases. Motata and Hlophe have been found guilty of gross misconduct by the Judicial Conduct Tribunal.
Judge Motata’s matter dates back to a drunk driving incident in 2007 while Hlophe’s relates to attempts to influence two Constitutional Court judges in 2008 in the matter involving former President Jacob Zuma and French arms manufacturer, Thales. The JSC’s decision was referred to Parliament, which now has to deal with any sanctions imposed, like impeachment. But the duration of the process to date is a concern.
“We won’t have the luxury of time, there can be no further delay…” says the ANC’s Qubudile Dyantyi.
This would be the first time since 1910 that a judge will be impeached in South Africa and has been described as new territory for Parliament. Questions about the role of the public plays in this have also arisen.
“Chair, there is nothing in Section 177 that suggests that this procedure should be opened to further public. We all here, all the members, we represent the public, that’s our job. And our job now going forward is to consider, politically speaking, whether Judge President Hlophe should be impeached or not. And we can’t abdicate this responsibility to opening it up for public participation,” says the DA’s Glynnis Breytenbach.
“We are not going to do public participation, we are going to now consider extenuating circumstances and then we deliberate and then we take it to the house, the house must make the decision,” says Committee Chair Bulelani Magwanishe.
Both judges have until the 15th of November to submit letters, citing extenuating circumstances as to why they shouldn’t be removed from office.
The committee will meet again on the 22nd of November for deliberations. – Abra Barbier
