Cape Town — The Democratic Alliance (DA) welcomed Parliament’s decision to impeach former Western Cape Judge, John Hlophe, adding that it showed no one was above the law.
Hlophe became the first judge in South African history to be removed from office, after a mammoth 305 MPs voted in favour of his removal, with 27 voting against it. The Judicial Service Commission found Hlophe guilty of gross misconduct, saying he attempted to influence ConCourt judges Bess Nkabinde and Chris Jafta, to decide matters in favour of particular litigants, TimesLIVE reported.
The National Assembly’s resolution to remove Hlophe will be communicated to President Cyril Ramaphosa, who is the appointing authority. It was reported that MPs from 10 out of the 14 parties voted in favour of the removal, with the EFF, African Independent Congress , PAC and Al-Jamah objecting to the impeachment.
According to The Daily Maverick, MPs also voted for Judge Nkola Motata, who had attempted to wriggle out of a drunk driving incident by lying, to be removed. He received 296 yays, one nay, with 13 abstentions. Motata, alongside Hlophe, had also turned to the courts to stave off the vote. Their respsective impeachments resulted in the loss of the salaries for life paid to judges.
Suspended Western Cape Judge President John Hlophe has been impeached after 305 MPs voted for his removal. DA MP Adv. Glynnis Breytenbach says it’s unfortunate that Judge Hlophe’s career ended up this way and he has no one to blame but himself.
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— Newzroom Afrika (@Newzroom405) February 22, 2024
In a DA statement, it welcomed the decision and said Hlophe’s impeachment has profound implications on the South African judiciary system and underscored the importance of upholding high ethical standards. They were, however, worried that the process took 15 years to resolve.
“While the DA welcomes the finality of this matter, we remain concerned that the process to remove Hlophe took over 15 years after the 2008 misconduct complaint was lodged. The process was protracted and complex, with extensive investigations, hearings, and deliberations by the JSC. We also saw political interference and legal technicalities delaying the process. The process could and should have been dealt with more expeditiously.” DA MP, Glynnis Breytenbach, said.
As reported by EWN, Freedom Under Law said it was “a sad moment for the judiciary” but it was a crucial step in ensuring judicial accountability. Despite the process taking longer than anticipated, it has “highlighted many problematic aspects with the process of holding judges accountable” but that final outcome was to be welcomed nonetheless.
More than 15 years later, the DA’s position that John Hlophe lacks the integrity to be a Judge, has been affirmed by the National Assembly which has adopted a resolution supporting the Judicial Services Commission’s finding that Hlophe should be removed.https://t.co/S0mOybdnQB
— Democratic Alliance (@Our_DA) February 21, 2024
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Compiled by Matthew Petersen
