National Assembly to hold vote to impeach Hlophe, Motata on 21 February

CAPE TOWN - The National Assembly will hold its first vote in the democratic era to impeach a high court judge on 21 February. 

This is despite Western Cape High Court judge president, John Hlophe, serving Parliament with a legal challenge on the process it’s followed to proceed with the vote. 

The House’s programme committee announced the date on Thursday morning, which includes the vote for retired Gauteng judge, Nkola Motata. 

Both judges were found guilty of gross misconduct by the Judicial Service Commission (JSC) in two separate matters dating back more than a decade. 

This impeachment vote has already been delayed by a month. 

Last year, the National Assembly’s programme committee said because a venue had to be sought for all 400 members to be present, it could not hold the vote in December when the matter was referred to it by the justice committee. 

It then said the matter would be considered in January. 

This also did not happen. 

On Thursday, it was agreed the vote would be held on Budget day, after Finance Minister Enoch Godongwana tabled the budget at the City Hall. 

"We will have manual voting as has been the case, particularly, because this is going to require a majority vote."

Parliamentary legal advisor, Charmaine van der Merwe, has confirmed that Hlophe planned to challenge the process.  

"From the court papers, there’s no indication that the process in Parliament must be halted." 

Two-thirds of members will need to vote in favour of the motion for it to pass.