President Ramaphosa Removes Judges Hlophe and Motata.
Image source: From left: Judge Nkola Motata (Photo: Gallo Images / Sowetan / Veli Nhlapo) | Judge President John Hlophe (Photo: Gallo Images / Foto24 / Nelius Rademan)– dailymaverick
Published by: Omphile Pule
President Cyril Ramaphosa has taken decisive action. He removed Judges John Mandlakayise Hlophe and Nkola Motata from their judicial positions as per National Assembly resolutions. The move follows a thorough process outlined in the Constitution regarding the removal of judges.
According to the Constitution, the Judicial Service Commission can only remove a judge from office if it determines that the judge is incapacitated, grossly incompetent, or guilty of gross misconduct, and if the National Assembly, with a two-thirds majority vote, supports this decision.
In response to constitutional provisions, President Ramaphosa announced Judge President Mandlakayise Hlophe’s removal. The National Assembly passed a resolution for his removal with 305 votes in favor and 27 against.
The decision to remove Judge Hlophe stemmed from findings by the Judicial Conduct Tribunal (JCT), which concluded that Hlophe had improperly attempted to influence two Justices of the Constitutional Court, thus violating their oaths of office. The Tribunal deemed this behavior to seriously compromise the independence, impartiality, dignity, and effectiveness of the Constitutional Court, eroding public confidence in the judiciary.
Similarly, President Ramaphosa also removed Retired Judge Nkola John Motata from his judicial position within the Gauteng High Court Division.
The National Assembly supported the resolution for Judge Motata’s removal with 296 votes in favor, one against, and thirteen abstentions. Retired Judge Motata’s removal, consequently, stems from a conviction for gross misconduct following a drunk driving incident in 2009.
President Ramaphosa’s decisive action to remove Judges Hlophe and Motata underscores the commitment to upholding the integrity and independence of the judiciary, as mandated by the Constitution. This move aims to maintain public trust and confidence in South Africa’s judicial system.
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