South Africa: Justice Committee Recommends Removal From Office of Judge President Hlophe and Retired Judge Motata

Suspended Western Cape Judge President John Hlophe and Judge Nkola Motata should be removed from office, the parliamentary justice committee recommended on Wednesday.

If the National Assembly adopts this recommendation with the constitutionally required two-thirds majority, it would be an unprecedented step. But it is a strong likelihood, as all parties agreed on Wednesday, except the EFF, whose recently sworn-in MP Busisiwe Mkhwebane on 11 September became the first Public Protector to be removed from office.

Once the National Assembly approves the judges' removal from office -- it means the loss of benefits such as the salary for life members of the judiciary receive to ensure their independence -- President Cyril Ramaphosa must officially remove the judges, according to section 177 of the Constitution.

After Wednesday's separate committee discussion for each judge, the justice committee chairperson, Bulelani Magwanishe, concluded deliberations.

"By a majority view, we will recommend to the National Assembly that Judge Nkola Motata be removed from office," said Magwanishe, to which Mkhwebane interjected that the EFF "vehemently" opposed this.

After further discussions, Magwanishe said, "The committee by majority decision will recommend to the National Assembly that Judge President John Mandlakayise Hlophe be removed from office."

It has taken more than 15 years to get to this point -- with many twists and turns.

Retired Judge Nkola Motata ran out of legal...

AllAfrica publishes around 500 reports a day from more than 100 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.