Parliament’s Justice and Correctional Services Committee will forge ahead with impeachment proceedings against Judge Nkola Motata and Judge John Hlophe.
The committee has agreed on the framework to start both processes. This follows findings of gross misconduct against both judges.
It says this is the first time since 1910 that a judge faces impeachment in South Africa.
Following the 2009 court judgment of guilt in a drunken driving case and correspondence from Chief Justice Raymond Zondo, Judge Motata was found guilty of gross misconduct by the Judicial Conduct Tribunal. The next step in the removal process involves Parliament.
“We have two referrals and Judge Hlophe was referred some time back and then we had to pause because of the programming committee. I understand that the programming committee said we can proceed with that one and then we have Judge Motata. I think based on the guidelines that we have just adopted, I propose that we will formally write to the JSC to invite a briefing on the two judges,” says Justice & Correctional Services Committee Chair, Bulelani Magwanishe.
This is new territory for Parliament. And the committee agreed it cannot leave any gaps or loopholes in this task.
“We have to be clinical in how we do it so that there is no loophole of us being accused of being irrational and unfair. We must be on the safe side on the processes and procedures,” says ANC Qubudile Dyantyi.
The Hlophe matter relates to a 2008 complaint laid against him by eleven Constitutional Court Justices. This complaint refers to the Western Cape Judge President’s alleged attempts to influence two ConCourt Judges in a pending judgment.
Magwanishe says the two requests will be processed this term.
