Delays in holding impeachment vote against Hlophe, Motata impacts rule of law - FUL

CAPE TOWN - Legal watchdog Freedom Under Law said Parliament’s delays in holding an impeachment vote against two high court judges impacted the rule of law and the administration of justice, particularly in the Western Cape.

In November, the Justice Committee recommended to the National Assembly that Western Cape High Court Judge President John Hlophe and retired Gauteng judge, Nkola Motata, be impeached. 

But it’s failed to schedule the vote for this month as it initially said it would. 

Both judges have been found guilty of gross misconduct by the Judicial Service Commission for separate incidents that occurred more than a decade ago.  

Parliament has never been faced with impeaching judges in the democratic era. 

It was expected to conclude the matter in December 2023. But without a venue for a full sitting of the National Assembly, the programme committee committed to schedule a date before the end of January instead. 

Parliament does not usually schedule business before its official opening for the year, marked by the State of the Nation Address in February.

Freedom Under Law’s Judith February said this latest delay was inordinate and unacceptable, and undermined the public’s trust in the judiciary. 

“More than that, it shows the complication and complexity of the conduct process and lodging complaints against judges.” 

In response, National Assembly Secretary Masibulele Xaso said the programme committee would meet on the 1 February to schedule a date for the vote. 

Two-thirds of the House will have to vote in favour of the recommendation for the impeachment to proceed.