South African judges impeached
Judges Matter says the impeachment of former judges John Hlophe and Nkola Motata is historic. Image: Pexels

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Two South African judges impeached in one day

Judges Matter says the impeachment of Judge President John Hlophe and Judge Nkola Motata was “significant” and “historic” and had been coming for a long time.

22-02-24 12:43
South African judges impeached
Judges Matter says the impeachment of former judges John Hlophe and Nkola Motata is historic. Image: Pexels

Judiciary watchdog Judges Matter says the impeachment of Judge President John Hlophe and Judge Nkola Motata on Wednesday was “significant” and “historic” and had been coming for a long time.

The Judicial Service Commission (JSC) found Judge President Hlophe guilty of attempting to influence two Justices of the Constitutional Court (ConCourt) to violate their oaths of office.

HLOPHE ATTEMPTED TO INFLUENCE COURT JUDGEMENT

This related to a case dating back to 2008 when Judge President Hlophe was accused of attempting to influence the ConCourt’s judgment in the Thint/Zuma matters.

The case involved former president Jacob Zuma. Retired Judge Motata was found guilty of gross misconduct following a drunk driving conviction in 2009.

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305 MEMBERS VOTED FOR HLOPHE’S REMOVAL AND 27 AGAINST SAYS PARLIAMENT

According to Parliament, 305 members voted for the removal of Judge Hlope from judicial office, and 27 members voted against his removal. On the removal of Judge Motata, 296 members voted for his removal from office, one was against, and thirteen members were recorded as having abstained.

According to Genevieve Maujean and Dimakatso Nchodu are researchers at the Judges Matter project of the Democratic Governance and Rights Unit at the Faculty of Law, University of Cape Town, the impeachment of two judges is historically significant because it’s never happened in South Africa before since 1994.

‘LOW MOMENT FOR SA’S JUDICIARY HISTORY’

“No doubt, Parliament’s impeachment vote today is historically significant. But it is also symbolically important as enforcing both judicial accountability and protecting judicial integrity. In many ways, this is a low moment for the South African judiciary.

“However, it is also a vindication of South Africa’s strong constitutional mechanisms at play, a fact we should all celebrate,” Parliament said the resolution on the removal of the two judges will now be communicated to the President.