Johnathan Paoli
Parliament’s portfolio committee on justice and correctional services has recommended that Judges John Hlope and Nkola Motata be removed from office.
Members of the justice committee found on Wednesday that both Hlope and Motata had committed gross misconduct following a report from the Judicial Service Commission (JSC) sent to Parliament a few months ago.
Hlope’s impeachment follows an incident that happened in 2008 in which he tried to influence judges of the Constitutional Court to rule in favour of former president Jacob Zuma.
Chairperson of the committee, Bulelani Magwanishe said the process has come to an end.
“The committee, by majority, will recommend that Judge John Mandlakayise Hlope be removed from office,” said Magwanishe.
ANC MP Qubudile Dyantyi said all the facts have been addressed by the committee and they should recommend to the National Assembly that Judge Hlope be removed from office.
EFF MP Busisiwe Mkhwebane said the process was not fair, as Hlope has appealed his removal by the JSC to the court.
In addition, Mkhwebane said the committee could plead with the Department of Justice and Correctional Services to assist Hlope with funding for the appeal.
“I am still repeating that this matter is in court. The appeal has been granted. Let’s give the appeal an opportunity. Let’s make sure he is properly funded to defend his case. It will not be fair to Hlope if the matter is in court and not finalised,” said Mkhwebane.
Werner Horn of the DA said they were faced with a situation where the appeal was going nowhere since he had no funds to appeal.
In addition, members of the ANC, DA and ACDP in the committee said they agreed that Motata should be removed from office, following his conviction for drunk driving after he crashed his luxury car in a boundary wall of a house in Johannesburg 2007.
Again it was Mkhwebane who cautioned on the overly hastiness of the decision, and considered Motata’s status as a retiree, and his expressions of remorse; while ANC MP Xola Nqola as well as ACDP Steve Swart defended the decision and said that the process was not rushed but the result of a process which took into account all the facts.
The recommendations are expected to be referred to the National Assembly for a final decision.
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