Process for dealing with complaints against judiciary needs improvement - Freedom Under Law

JOHANNESBURG - As Parliament prepares for its first-ever vote on the impeachment of not just one but two judges on Wednesday, public interest organisation Freedom Under Law said the process for dealing with complaints against the judiciary needs improvement.

On Wednesday afternoon, the National Assembly will vote on whether to impeach Western Cape Judge President John Hlophe and Gauteng High Court Judge Nkola Motata. 

Both were found guilty of gross misconduct. 

Hlophe was found guilty of improperly attempting to influence two Constitutional Court justices in a matter involving former president Jacob Zuma; Judge Motata for having made offensive remarks at the scene of a crash he was involved in, as well as for advancing a defence he knew was untrue at his subsequent criminal trial.

Research consultant with Freedom Under Law, Chris Oxtoby said to protect the independence of the judiciary, it’s necessary that the impeachment process isn’t an easy one. 

He said at the same time, the system needs to be able to ensure accountability for judges found guilty of serious misconduct, adding that Wednesday's vote will “hopefully finally bring down a curtain on these episodes”.

"We are at least finally nearly here. And so that is very important to see that the system has actually been able to carry the complaint all the way through.

"Although in the long run, I think it’s going to be important that when we look back at these two developments we use the lessons learnt from to make some improvements to the system."

The vote is scheduled to take place on Wednesday at 4 pm.