Two SA judges impeached

President Cyril Ramaphosa has formally removed Western Cape Judge President John Hlophe from office following his impeachment by Parliament, in February. A total of 305 members of parliament voted for the removal of Judge Hlope from judicial office, with 27 members voting against his removal.

Hlophe was impeached after being found guilty of gross misconduct by the Judicial Conduct Tribunal.

He was accused of trying to influence Justices Chris Jafta and Bless Nkabinde in a corruption case relating to former president Jacob Zuma and arms company Thint involving the multi-billion-rand arms deal.

Hlophe become the first judge to be impeached since the dawn of democracy

‘’President Cyril Ramaphosa has in accordance with section 177 (1) and (2) of the Constitution of the Republic of South Africa which states that “A judge may be removed from office only if— (a) the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and (b) the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members. (2) The President must remove a judge from office upon adoption of a resolution calling for that judge to be removed,’’ said the Presidency.

The President has also removed retired Judge Nkola Motata following his impeachment by Parliament after being found guilty of misconduct. In January 2009, Motata was found guilty of drinking and driving after crashing his car into a residential wall in Johannesburg.

296 members of parliament voted for Judge Motata’s removal from office, with one voting against, and thirteen members being recorded as having abstained.

‘’As set out in the constitution Section 177 (1) (b) provides for the National Assembly to call for the removal of a judge by a resolution that is adopted through a vote of at least two thirds of its members. Whilst section 177(2) obliges the President to remove a judge from office upon the National Assembly’s adoption of a resolution calling for a judge to be removed,’’ said Vincent Magwenya, Spokesperson to the President.

 

Done By: Mitchum George