South Africa Impeaches Top Judge

South Africa impeaches top judge

South African top Judge, John Mandlakayise Hlophe has been impeached for misconduct while in office. Hlophe was found guilty by the Judicial Service Commission (JSC) of attempting to influence two Justices of the Constitutional Court to violate their oaths of office.

His actions which fall under gross misconduct led to his suspension by President Cyril Ramaphosa in December 2022, following a recommendation by the JSC.

According to a release by the Parliament of South Africa, the development is related to a case dating back to 2008 when Judge Hlophe was accused of attempting to influence the court’s judgement in the case involving former President Jacob Zuma.

The former Judge President of the Western Cape Division of the High Court of South Africa is said to have approached the two justices to garner their support for Zuma in a decision relating to a corruption case.

He subsequently denied the accusation.

The case was assigned to a Judicial Conduct Tribunal (JCT) after years of delays caused by various litigation. The JCT was tasked to investigate and report on the allegations.

On August 25, 2021, the JCT found that Hlophe’s conduct breached the provisions of section 165 of the Constitution and interfered with the independence, impartiality, dignity, and effectiveness of the Constitutional Court.

The JSC having considered the report of the Judicial Conduct Tribunal upheld the findings and recommended that he be suspended.

In December 2022, President Cyril Ramaphosa suspended Hlophe.

Section 177 of the South African Constitution dictates that a judge may be removed on grounds which include incapacity, gross incompetence, or gross misconduct.

Hlophe’s removal is historic as he is the first judge in the democratic history of the country to have been impeached.

A total of 305 members voted at the National Assembly for the removal of the judge from office against 27 members who voted in his favour.

Retired Judge Motata was also impeached having been found guilty of gross misconduct following a drunk driving conviction in 2009. The JCT recommended that the JSC invoke section 177(1)(a) of the Constitution, which provides that a judge may only be removed from office if the JSC finds that the Judge suffers from an incapacity, is grossly incompetent, or is guilty of gross misconduct.

296 members voted for his removal from office against one who voted against his removal and thirteen members who abstained from voting.

“The NA’s resolution on the removal of the two judges will now be communicated to the President,” parts of the statement issued by the parliament of the Republic of South Africa said.