President Cyril Ramaphosa has officially removed Judge President of the Western Cape Division of the High Court John Hlophe and Retired Judge of the Gauteng High Court Division, as judges.
This follows a parliamentary impeachment vote last month where the majority of members of parliament voted for the two judges to be removed.
According to Ramaphosa spokesperson Vincent Magwenya, this was done in accordance with section 177 (1) and (2) of the Constitution of the Republic of South Africa.
The section states that a judge may be removed from office only if the Judicial Service Commission (JSC) finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct, and the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members.
It adds that the president must remove a judge from office upon adoption of a resolution calling for that judge to be removed.
“The President accordingly removed Judge President Mandlakayise Hlophe of the Western Cape Division of the High Court from judicial office following the National Assembly resolution to remove Judge Hlophe, 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,” said Magwenya.
Hlophe was found guilty of misconduct by the JSC, after it accused him of trying to influence then Constitutional Court Justices Chris Jafta and Bess Nkabinde to violate their oaths of office.
According to Magwenya, the Judicial Conduct Tribunal established that Judge Hlophe’s behavior “seriously threatened and interfered with the independence, impartiality, dignity and effectiveness of the Constitutional Court and further undermined public confidence in the judicial system.”
In addition, president Ramaphosa has also in terms of section 177(2) of the constitution, removed retired Judge Motata following the National Assembly resolution to remove him, as provided for in section 177(1) (b) of the constitution.
“Two hundred and ninety-six members of parliament voted for Judge Motata’s removal from office, with one voting against, and thirteen members being recorded as having abstained.
Retired Judge Motata was found guilty of gross misconduct following a drunk driving conviction in 2009,” explained Magwenya.
Regarding the removal of Motata, Magwenya highlighted that section 177 (1) (b) provides for the National Assembly to call for the removal of a judge by a resolution that is adopted through a vote of at least two thirds of its members.
Whilst 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.
