President Cyril Ramaphosa has removed judges John Hlophe and Nkola Motata from judicial office following a resolution by the National Assembly.
South African constitution states that a judge may be removed from office only if the Judicial Service Commission (JSC) finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and 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.
Upon adoption of a resolution calling for that judge to be removed, the president is mandated to remove such judge from office.
Hlophe became the first judge in South Afric’s history to be impeached after the vote in parliament on February 21, 2024.
In total, 305 MPs voted for the removal of Hlophe, while 27 members voted against his removal.
In Motata’s case, 296 MPs voted for his removal, 1 voted against and 13 MPs abstained.
The JSC found Hlophe guilty of gross misconduct, saying he attempted to influence Constitutional Court judges Bess Nkabinde and Chris Jafta to decide matters in favour of particular litigants.
Retired judge Motata was found guilty of gross misconduct after a drunk-driving conviction in 2009.
The National Assembly’s vote to remove the judges met the required two-thirds majority, as outlined in Section 177 of the Constitution.
