Historic Impeachment Vote Looms for Judges Hlophe and Motata in South Africa

A significant moment in South Africa’s judicial history is on the horizon as an impeachment vote for two prominent judges, Judge President John Hlophe and Judge Nkola Motata, is set to take place. The impeachment process is rooted in Section 177 of the Constitution, which dictates that a judge may only be removed for incapacity, gross misconduct, or gross incompetence as determined by the Judicial Service Commission (JSC). The final decision rests with the National Assembly, where a two-thirds majority is needed for removal.

On the 21st of February 2024, a potential historical event unfolds as South Africa faces the first possible removal of judges for gross misconduct. The vote’s significance lies not only in the outcome for each judge but in taking a crucial step towards judicial accountability – a principle that is vital in upholding the integrity of the justice system.

The saga surrounding Judge Hlophe dates back to 2008 when justices of the Constitutional Court lodged a complaint accusing him of trying to influence their judgment in a case involving former President Jacob Zuma. Years of litigation ensued, with various courts affirming misconduct findings against Hlophe. Despite attempts to block the process, the vote was cleared to proceed after the Western Cape High Court dismissed Hlophe’s urgent application.

Simultaneously, the National Assembly will be deciding on the impeachment of Judge Motata, whose case stems from a 2007 incident where he crashed his car while intoxicated. Accusations of a dishonest defense and racist comments further fueled the pursuit of gross misconduct charges. Following a lengthy legal battle and multiple tribunals, the Justice and Correctional Services Committee recommended both judges’ impeachment.

For South Africa, this moment holds not just historical significance but a test of its constitutional mechanisms, demonstrating the country’s commitment to judicial accountability and integrity. The vote in Parliament is a reminder that no one, not even judges, is above the law and that the judicial system must prioritize ethical conduct and public trust.