Johnathan Paoli
THE National Assembly has officially impeached Western Cape Judge President John Hlope and retired Gauteng High Court Judge Nkola Motata in a historic case in that this is the first time the legislature has impeached two judges since the democratic dispensation of 1994.
Hlophe’s removal follows the recommendation of Parliament’s Portfolio Committee on Justice and Correctional Services, which handled his impeachment process after the Judicial Service Commission (JSC) found the judge guilty of gross misconduct.
The national committee chairperson, Bulelani Magwanishe, said the judiciary’s independence remained paramount, and that the courts needed to function without interference or influence from others.
“A judge bears the responsibility of upholding the independence, integrity, and authority of the court. When the very same judges are found wanting, how do we then hold them accountable? Who judges the judges?” the ANC MP said.
DA MP Glynnis Breytenbach said that Judge Hlope’s career was not devoid of scandal and controversy and that allegations of egregious misconduct sparked the impeachment process.
Breytenbach said that she found the revelations disappointing in that Hlophe had everything going for him.
“When appointed by President Nelson Mandela, he was the youngest judge to be appointed to the bench. Yet, he was tripped up by the lack of the most essential component of any Judge, integrity. Hlophe had demonstrated amply that he possessed no shred of integrity,” Breytenbach said.
She said Hlophe’s removal for “nefarious actions” was belated but a great indication of the country’s constitution and the rule of law that ensured accountability.
Motata’s removal came during a National Assembly sitting on Wednesday after the Supreme Court of Appeal (SCA) set aside an earlier JSC decision to clear him of gross misconduct.
296 members voted for the removal of Motata, one voted against, and 13 were in absentia.
The judge’s guilty finding related to a January 2007 incident, where Motata crashed his car into the wall of a Hurlingham home and then made racist utterances to the homeowner, Richard Baird.
Previously, in 2009, the South Gauteng High Court convicted Motata of driving under the influence of alcohol and sentenced him to a fine of R20 000 or 12 months’ imprisonment.
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