NATIONAL ASSEMBLY ADOPTS REPORTS RECOMMENDING THE REMOVAL OF JUDGES HLOPHE AND MOTATA
21st February 2024
Parliament, Wednesday, 21 February 2024 – The National Assembly has, during its sitting today, adopted the Portfolio Committee on Justice and Correctional Services’ reports recommending the removal from judicial office of Judges John Hlophe and Nkola Motata.
The Judicial Service Commission (JSC) found Judge President Hlophe guilty of attempting to influence two Justices of the Constitutional Court to violate their oaths of office. This related to a case dating back to 2008 when Judge President Hlophe was accused of attempting to influence the court’s judgement 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.
The JSC Act provides for oversight of judicial conduct and the accountability of judicial officers and sets out the process that must be followed when a complaint is laid against a judicial officer. The Act distinguishes between impeachable offences, serious non-impeachable offences, and lesser offences. An impeachable offence involves incapacity, gross incompetence, or gross misconduct on the part of a judicial officer, as envisaged in section 177(1) of the Constitution.
Section 177 of the Constitution clearly distinguishes between the powers and functions of the JSC and the National Assembly in the process for removal of a judge from judicial office. In terms of section 177(1)(a), the JSC is responsible for making the finding on whether a judge is guilty of gross misconduct, while in terms of section 177(1)(b), the National Assembly is tasked with determining whether a judge who has been found guilty of gross misconduct should be removed from office.