Justice Committee recommends Judge President Hlophe and Judge Motata be removed from office
22 November 2023
The Portfolio Committee on Justice and Correctional Services today resolved by majority to recommend to the National Assembly (NA) that former Western Cape Judge President John Hlophe and Judge Nkola Motata be removed from office after being found guilty of gross misconduct.
Committee Chairperson Mr Bulelani Magwanishe said the committee processes relating to both judges were undertaken in terms of Section 177 of the Constitution, after the Judicial Services Commission’s (JSC) findings of gross misconduct were referred to the NA for further consideration and possible removal.
The committee previously heard from Dr Barbara Loots of Parliament’s Constitutional and Legal Services regarding the process followed so far and its role in it. The committee heard that its role is limited and does not include conducting an enquiry or repeating the work of the JSC. Parliament’s responsibility is to deliberate on the consequences of the JSC findings and indicate whether removal should follow.
The committee gave both judges an opportunity to provide extenuating circumstances, to ensure a fair process for the purposes of its deliberations. Mr Magwanishe said both judges took up the opportunity to do so comprehensively. “An extension was granted when a request for more time was made,” said Mr Magwanishe.