President Cyril Ramaphosa has officially removed Western Cape Judge President Mandlakayise John Hlophe from office.
In a statement on Wednesday afternoon, Ramaphosa also confirmed the removal of retired Gauteng high court judge Nkola John Motata.
Hlophe’s removal comes after the Judicial Conduct Tribunal concluded that his conduct breached the provisions of the constitution when he improperly attempted to influence two judges of the Constitutional Court to violate their oaths of office.
Motata was axed after being found guilty of gross misconduct following a drunk driving conviction in 2009.
National Assembly’s resolution
The president’s spokesperson, Vincent Magwenya, said: “President Cyril Ramaphosa has, in accordance with Sections 177[1] and [2] of the constitution of the Republic of South Africa, stated that ‘a judge may be removed from office only if — [a] the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent, or is guilty of gross misconduct; and [b] the National Assembly calls for that judge to be removed by a resolution adopted with a supporting vote of at least two-thirds of its members.
“The president must remove a judge from office upon adoption of a resolution calling for that judge to be removed.”
Magwenya said Ramaphosa removed Hlophe from judicial office following the National Assembly’s resolution to remove him, as stipulated in Section 177 (1)(b) of the constitution.
“A total of 305 members of parliament voted for the removal of judge Hlope from judicial office, with 27 members voting against his removal,” he said.
The Judicial Service Commission referred the matter to parliament after the Judicial Conduct Tribunal concluded that Hlophe’s conduct breached the provisions of Section 165 of the constitution by improperly attempting to influence the two judges of the Constitutional Court to violate their oaths of office.
“The Judicial Conduct Tribunal established that Hlophe’s behaviour seriously threatened and interfered with the independence, impartiality, dignity, and effectiveness of the Constitutional Court and further undermined public confidence in the judicial system.
“President Ramaphosa has also, in terms of Section 177[2] of the constitution of the Republic of South Africa, removed the retired judge of the Gauteng high court division, judge Nkola John Motata, following the National Assembly’s resolution to remove judge Motata, as provided for in Section 177[1][b] of the constitution.”
Two-thirds vote
He said 296 MPs voted for Motata’s removal from office, with one voting against and 13 MPs being recorded as having abstained.
“As set out in the constitution, Section 177[1][b] provides for the National Assembly to call for the removal of a judge by a resolution that is adopted through a vote of at least two-thirds of its members.
“While Section 177[2] obliges the president to remove a judge from office upon the National Assembly’s adoption of a resolution calling for a judge to be removed,” said Magwenya.
