The ANC and DA united in Parliament on Wednesday to ensure that suspended Western Cape High Court Judge President John Hlophe becomes the first judge in South African history to be impeached.
Judge Hlophe’s impeachment came hours after he lost a court bid to interdict Parliament from considering his removal from office pending a case he launched in the Constitutional Court.
He sought court relief after the justice and correctional services portfolio committee recommended his removal from office last year after he was given an opportunity to make written representations.
His application for an interdict took place at a time he approached the Constitutional Court for direct access to raise issues about the processes followed in deciding to recommend adopting and voting on his removal from office.
Judge Hlophe had argued in court papers, among other things, that Parliament failed to adopt rules for the impeachment of a judicial officer and its failure to do so had resulted in a flawed constitutional process for his removal from office.
But, Parliament in its papers stated that Judge Hlophe incorrectly argued that because the National Assembly did not have such rules, the vote and adoption of a resolution on the motion to remove him would be unconstitutional and a direct violation of judicial independence and the separation of powers.
National Assembly Speaker Nosiviwe Mapisa-Nqakula argued that the interdict application was not urgent, and that if it was, the urgency was self-created because Judge Hlophe became aware as early as December 2023 that the National Assembly had been presented with a report by the portfolio committee on his impeachment, and that it would be scheduled for a vote in 2024.
Judge Hlophe, along with Judge Nkola Motata, was found guilty of gross misconduct by the Judicial Service Commission.
Judge Hlophe was accused by Constitutional Court justices of attempting to influence that court’s judgment in the matters involving former president Jacob Zuma in 2008, while Judge Motata was convicted of drunk driving in 2009. Following a debate by political parties on Wednesday, the MPs voted in a roll call, with at least 305 voting for his removal and 27 against.
House chairperson Cedric Frolick said: “The question is accordingly agreed to and the House resolves calling for the removal from office of Judge President MJ Hlophe in terms of Section 177 (1) of the Constitution. These results will be communicated to His Excellency, the President.”
Reacting to the outcome, the EFF said it is crucial to understand that Judge Hlophe’s impeachment represented a systematic attack on the black intelligentsia in South
Africa, orchestrated by a harmful alliance between the ANC and the DA.
“Hlophe’s journey in the judiciary represents a steadfast commitment to justice and transformation. From his humble beginnings as a gardener he rose through the ranks, becoming the first black judge president of the Western Cape High Court.
“He remains one of the most educated judges and legal scholars we have seen, who has been extensively published, written most judgments, and significantly influenced case law in South Africa.”
DA MP Glynnis Breytenbach said the DA’s position that Judge Hlophe lacked the integrity to be a judge was affirmed by the National Assembly in affirming his removal.
“This is a historic moment in our democratic history, where, for the first time, a judge will be impeached,” said Breytenbach.
“The National Assembly, in terms of Section 177 of the Constitution, has adopted a resolution confirming the finding that Hlophe improperly attempted to influence Constitutional Court justices in matters involving corruption charges against then-president Jacob Zuma.
“Hlophe’s actions posed a serious risk to the impartiality and independence of the South African judiciary.”
Cape Times