Disgraced former Judge Nkola Motata has been impeached from office following a parliamentary voting process by Members of Parliament (MP), of which 296 voted for the impeachment, while only 13 voters abstained and one voted against it..,
This makes Motata the second judge in our democratic history to be removed from the bench in a landmark case for South Africa’s judiciary. Earlier Wednesday, Western Cape Judge President John Hlophe was also released, making him the first judge to be removed from office.
MOTATA AND HLOPHE CASES DATE BACK TO 2007 AND 2008 RESPECTIVELY
Hlophe’s case dates back to 2008 when he was accused of trying to influence Constitutional Court justices in matters involving former president Jacob Zuma.
Motata’s case stems from a 2007 drunk driving debacle when the drunk judge drove his luxury car into a boundary wall of a residence in the early hours of the morning.
ALSO READ: John Hlophe impeachment: A ‘travesty of justice’, says EFF
HLOPHE IMPEACHMENT A PIVOTAL MOMENT IN SA’S JUDICIARY – DA
Democratic Alliance MP and shadow minister of justice and constitutional development Glynnis Breytenbach said Hlophe’s impeachment was “a pivotal moment in South Africa’s judiciary.” The two impeachments will result in the loss of the salaries for life paid to judges.
“A historic moment in our democratic history, where, for the first time, a judge will be impeached,” said Breytenbach. She said the vote on Wednesday underscored “the importance of upholding the highest ethical standards, the rule of law, and the Constitution among judicial officers.”
EFF TRIES TO DISRUPT MOTATA VOTING BY MPS
The Economic Freedom Fighters (EFF) tried to disrupt the voting process, and several party members had to be dragged out by Parliament’s protection services after endless trading of insults with Chairperson of the House Madala Ntombela.
However, the EFF says the impeachment of Judge John Hlophe was politically motivated and a betrayal of the public’s trust in the justice system. The party said Hlophe consistently ruled in favour of workers’ rights, promoting fairness and dignity in the workplace.
PROCEEDINGS AGAINST HLOPE WERE PROCEDURALLY UNFAIR – SAYS EFF
“The proceedings against Hlophe by the Judicial Service Commission (JSC) have been procedurally unfair, with both the Judicial Conduct Tribunal (JCT) and the JSC overstepping their authority in carrying out their responsibilities. These procedures were unlawful and did not adhere to legislative requirements,” the EFF said.
Former Public Protector Busisiwe Mkhwebane, who was impeached, likened the vote to “selling out our liberation ideas.” She accused people with “racist tendencies” for abusing Hlophe, whom she said had served “with dignity.”
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