Hlophe and Motata formally removed by Ramaphosa

President Cyril Ramaphosa has formally removed former judge president of the Western Cape, John Hlophe, from the bench.

This comes after Hlophe and retired judge Nkola Motata were impeached by MPs in the National Assembly on 21 February 2024, becoming the first judges in democratic South Africa to be removed from office.

Hlophe was removed after MPs voted for his impeachment, emanating from a finding of guilty over gross judicial misconduct by the Judicial Service Commission (JSC) in 2021.

Motata was also removed after a misconduct finding by the JSC, following a drunk driving conviction in 2009.

In 2007, Motata ploughed his car into the Johannesburg home of Richard Baird, and later accused Baird of hurling racist abuse at him, to deflect from being caught inebriated.

However, Baird painstakingly fought his case and denied ever using any racist language – particularly “the K-word”. The JSC later found that Motata had behaved in a racist manner at the accident scene.

Regarding Hlophe, the Presidency said in a statement: “The President accordingly removed Judge President Mandlakayise Hlophe of the Western Cape Division of the High Court from judicial office following the National Assembly resolution to remove Judge Hlophe, 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.”

Turning to Motata, the President said: “President Ramaphosa has also in terms of section 177(2) of the Constitution of the Republic of South Africa removed Retired Judge of the Gauteng High Court Division, Justice Nkola John Motata following the National Assembly resolution to remove Judge Motata, as provided for in section 177(1) (b) of the Constitution.”

With Ramaphosa axing them officially, Hlophe and Motata will lose their salaries and all benefits, which they would have been entitled to for life. They will also lose the title of “judge”.

COST OF LITIGATION

After Hlophe’s impeachment, it was also revealed that the taxpayer had forked out over R10 million in litigation since the saga started in 2008

“A total of R10,575,011.63 was paid in respect of judge president Hlophe’s personal litigation.

An amount of R914,400 is still to be paid as there are disputes on invoices being addressed (spreadsheet of payments),” Minister of Justice and Correctional Services Ronald Lamola disclosed in a written response to questions from Democratic Alliance (DA) MP Glynnis Breytenbach, as reported by TimesLIVE

JOHN HLOPHE: JOURNEY TO IMPEACHMENT

Trouble started for John Hlophe in 2008 when he was accused by Constitutional Court (ConCourt) justices Chris Jafta and Bess Nkabinde of trying to influence them over a case involving former president Jacob Zuma, which was before the ConCourt for consideration.

Eleven ConCourt justices lodged a complaint after Jafta and Nkabinda complained that Hlophe “had visited them separately in their chambers to discuss pending judgments” involving corruption cases against Zuma, reported TimesLIVE.

They complained that he had improperly attempted to influence the outcome of the matter in favour of Zuma.

Fast forward to April 2021, when “a tribunal inquiry found Hlophe guilty of gross misconduct, a decision upheld by the JSC [without the parliamentarians] in August 2021”, reports Judges Matter.

RAMAPHOSA SUSPENDS WESTERN CAPE JUDGE PRESIDENT

On 14 December 2022, Ramaphosa suspended Hlophe from office, as recommended by the JSC.

“President Cyril Ramaphosa has, on the advice of the Judicial Services Commission and in terms of section 177(3) of the Constitution, decided to suspend Judge President Mandlakayise John Hlophe from his duties pending a decision of the National Assembly as contemplated in section 177 of the Constitution,” the Presidency said in a statement at the time.

“In order to ensure continuity and stability in the work of the divisional high court, the suspension which is in effect immediately, is on condition that Judge President Hlophe completes all part-heard matters and reserved judgments.”