Parliament portfolio committee on justice and correctional services has recommended that Judges Nkola Motata and John Hlophe be removed from office. The committee will refer both recommendations to the National Assembly for a final decision.
The justice and correctional services portfolio committee on Wednesday resolved to recommend to the National Assembly the impeachment of judges Nkola Motata and John Hlophe.
The two judges were asked to make written representations of extenuating circumstances to be considered.
The Judicial Service Commission (JSC) had found them guilty of gross misconduct.
Hlophe’s woes date back to 2008 when he was accused by Constitutional Court justices of improperly attempting to influence the apex court’s impending judgment in the Zuma-Thint matters.
In the case of Motata, he instructed his lawyer to inform the court that he was not drunk at the scene of a motor accident.
On Wednesday, committee chairperson Bulelani Magwanishe said Motata had submitted his written submission and raised issues about jurisdiction and double jeopardy as he had been fined R1 million for his gross misconduct.
The JSC had convened a small JSC without MPs and made proper referral of the matter after the Supreme Court of Appeal had overturned its decision to find him guilty of misconduct.
The JSC had undertaken to look into the issue of the penalty he had already paid.
ANC MP Qubudile Dyantyi said the clarity was sought from the JSC so that there were no gaps or confusion. He said the issues of double jeopardy should be attended to where it belonged – the JSC.
“I recommend that we agree and recommend to the National Assembly that retired Judge Motata be removed as judge,” Dyantyi said.
He said they had exhausted their limited role to ensure that there was procedural fairness.
DA MP Glynnis Breytenbach agreed with the proposal, but EFF MP Busisiwe Mkhwebane disagreed.
Mkhwebane said they were dealing with the livelihood of a retired judge who was disciplined by the JSC.
“Yes, the chief justice has written and clarified the matter of fine paid by Judge Motata and will be dealt with by the JSC. As the voice of the voiceless I think it is a wrong approach which we are taking as this committee where we refer the matter to the National Assembly to recommend removal of Judge Motata,” she said.
Mkhwebane said Motata had shown remorse and asked ubuntu be shown to him. But Magwanishe ruled that a majority view recommended that Motata be removed from office.
The committee heard that Hlophe had repeated in his representation issues he had raised before.
These included that his appeal against the JSC finding was still pending, the issue of funding of his legal representation and issues of undue political influence.
"The majority of the committee members agreed to recommend that Hlope be removed from office, but Mkhwebane disagreed that since he had appealed, the committee should give matter an opportunity to be ventilated in court and that the committee should intervene in issues of legal representation involving the Department of Justice.
“The committee, by majority decision, recommends that Judge President John Mandlakayise Hlophe be removed from office,” Magwanishe said.
Attorney Barnabas Xulu, who has been representing Hlophe, said they were aware of the committee’s decision.
“Where have you seen politicians interfering with the court like this? We have seen that political decision and we’re going to meet with the client to decide a way forward, but I can tell you now that this (recommendation) is just a start, the fight is on.”
Dan Mafora, from the Council for the Advancement of the Constitution said Casac supported the recommendations of the committee.
“Both matters have dragged on for almost two decades, because of inefficiencies on the part of the JSC but also from attempts to evade accountability by the two judges.
We see the recommendations as a necessary and important step in bringing the two matters to a close.
This is the first instance of the removal of any judge from office under our Constitution.
In our view, this decision communicates to the judiciary that they will be held to the requirements of the law and judicial ethics and that there will be accountability for any judicial misconduct.
Freedom Under Law (FUL) also welcomed the decision of the committee.
Cape Times
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