Pretoria – President Cyril Ramaphosa on Wednesday dismissed two errant Judges – Mandlakayise John Hlophe and Nkola John Motata.
The unprecedented move in democratic South Africa sees the end to a more than 10-year battle to remove the errant judges – one already retired.
President Ramaphosa removed Judge President Hlophe of the Western Cape Division of the High Court from judicial office following the National Assembly resolution to remove him, as stipulated in section 177 (1) (b) of the constitution.
A total of 305 Members of Parliament voted for the removal of Judge Hlope from judicial office, with 27 members voting against his removal.
As far back as 2008, judges from the Constitutional Court filed a complaint of judicial misconduct against Hlophe because he had sought to influence the outcome of a matter relating to the then deputy President Jacob Zuma’s corruption charges.
The Judicial Service Commission referred the matter to parliament after the Judicial Conduct Tribunal (JCT) concluded that Judge Hlophe’s conduct breached the provisions of section 165 of the Constitution by improperly attempting to influence the two Justices of the Constitutional Court to violate their oaths of office.
The JCT established that Judge Hlophe’s behaviour seriously threatened and interfered with the independence, impartiality, dignity, and effectiveness of the Constitutional Court and further undermined public confidence in the judicial system.
President Ramaphosa has also removed retired Judge of the Gauteng High Court Division, Justice Nkola John Motata, following the National Assembly resolution to remove him.
As many as 296 Members of Parliament voted for Judge Motata’s removal from office, with one voting against. Thirteen members abstained.
Retired Judge Motata was found guilty of gross misconduct following a drunk driving conviction in 2009.
Vincent Magwenya, spokesperson to President Ramaphosa, said Section 177 (1) (b) of the constitution provides for the National Assembly to call for the removal of a judge by a resolution adopted through a vote of at least two-thirds of its members.
“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,” explained Magwenya.
