Lerato Mbhiza
President Cyril Ramaphosa has formally removed Western Cape Judge President John Hlophe from office following his impeachment by Parliament in February.
Presidency spokesperson Vincent Magwenya said President Ramaphosa has, in accordance with Section 177 (2) of the Constitution, removed Judge President Mandlakayise Hlophe of the Western Cape Division of the High Court from judicial office . The action follows the National Assembly resolution to remove Judge Hlophe as stipulated in section 177 (1) (b) of the Constitution, he said.
Hlophe’s removal followed his impeachment last week when the National Assembly voted in favour of his removal, with 305 votes that included those from the ANC and the DA. Only 27 MPs voted against his removal.
This makes Hlophe the first judge to be impeached since the dawn of democracy and he loses all his benefits and pension.
Hlophe was found guilty of gross misconduct by the Judicial Service Commission (JSC) back in 2008 when he was accused of attempts to improperly influence Constitutional Court Justices Bess Nkabinde and Chris Jafta to decide matters in favour of particular litigants.
Magwenya added that President Ramaphosa has also in terms of section 177(2) of the Constitution of the Republic of South Africa removed Retired Judge of the Gauteng High Court Division, Justice Nkola John Motata following the National Assembly resolution to remove Judge Motata, as provided for in section 177(1) (b) of the constitution.
296 members of parliament voted for Judge Motata’s removal from office, with one voting against, and thirteen abstained.
Retired Judge Motata was found guilty of gross misconduct following a drunk driving conviction in 2009.
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