Judge Nkola Motata faces impeachment. Picture: File
Suspended Western Cape High Court Judge President John Hlophe and retired Gauteng Judge Nkola Motata face impeachment in parliament after members of the justice committee agreed to start the process soon.
The justice committee was meeting to consider the requests of the Judicial Service Commission to remove both judges.
The committee began with the first phase of Motata’s impeachment by agreeing that it would write to him and the JSC asking for submissions.
The submissions will be in mitigation and aggravation of the findings that Motata committed gross misconduct.
Motata was initially found guilty of misconduct by the JSC after he crashed his luxury vehicle against a wall in a residence in Johannesburg in 2007.
But Freedom Under Law went to the Supreme Court of Appeal to challenge the JSC finding. The SCA ruled recently that Motata committed gross misconduct and parliament should begin the impeachment process.
Chairperson of the justice committee, Bulelani Magwanishe said it was the first time since 1910 that a judge had been impeached.
But he said parliament will have to follow all processes.
On Hlophe, the JSC asked for his removal after he was found guilty of gross misconduct following his interference in former president Jacob Zuma’s matter in the Constitutional Court. This happened almost 15 years ago.
Magwanishe said on Thursday they will decide on the date for the start of the impeachment of Hlophe and Motata, but it will happen in the next few months.
“We know there was a referral on Judge Hlophe and Judge Motata, We have done step one for Motata, which is to formally note the findings as legal fact. I think we need to do the same for Hlophe and then we will write to the JSC for both Motata and Hlophe.
“It will appear on the programme as to when we are expecting a briefing on Motata and Hlophe. Everything else will then follow. We will be processing these two requests this term,” said Magwanishe.
Political parties in the committee agreed that they need to begin with the impeachment of the two judges.
On Motata, ANC MP Xola Nqola said they have to ask for written submissions from the judges affected.
Glynnis Breytenbach of the DA said parliament’s role was limited when it comes to the impeachment of judges because an inquiry has already been conducted by the JSC, which made findings, and subsequently by the courts with their judgments.
Qubudile Dyantyi of the ANC said he also agreed that parliament’s role was limited in this process, as there had been inquiries that made their own findings.
siyabonga.mkhwanazi@inl.co.za
Politics