By Lehlohonolo Lehana.
President Cyril Ramaphosa has officially informed Judge John Mandlakayise Hlophe of the Western Cape High Court division of his removal from office.
Hlophe’s removal followed his impeachment last week when the National Assembly voted in favour of his removal, with only 27 members of Parliament against the 305 parliamentarians, which included the ANC and the DA.
This was after the Judicial Service Commission (JSC) found Hlophe guilty of gross misconduct, dating back to 2008 when he was accused of attempts to improperly influence Constitutional Court Justices Bess Nkabinde and Chris Jafta to decide matters in favour of particular litigants.
Presidency spokesperson Vincent Magwenya says, “President Ramaphosa has, in accordance with Section 177 (2) of the Constitution, removed Judge President Mandlakayise Hlophe of the Western Cape Division of the High Court from judicial office.The action follows the National Assembly resolution to remove Judge Hlophe as stipulated in section 177 (1) (b) of the Constitution.”
Section 177 of the Constitution provides for a judge to be removed from office only if the JSC finds that the judge suffers from incapacity, is grossly incompetent, or is guilty of gross misconduct.
This makes Hlophe the first judge to be impeached since the dawn of democracy and he loses all his benefits and pension.
Before his demise, Hlophe insisted throughout several processes that he was innocent despite all the accusations made against him.
He made racism reports and stated that racism existed in the country and in the legal profession, though most people wouldn’t believe it. Despite several judges’ attempts to convince him to withdraw this report, he claimed that he would not withdraw it because he is certain of its validity.
Justice and correctional services minister Ronald Lamola meanwhile said the state had spent more than R10m on the matter.
“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,” Lamola said.
Lamola disclosed the amount in a written response to questions from DA MP Glynnis Breytenbach.
A second judge, Nkola Motata, was also impeached for disorderly conduct and racial outbursts relating to a 2007 drunk-driving accident. Motata, who has since retired, was a High Court judge in Gauteng province at the time of the incident.
The President has also removed retired Judge Motata following his impeachment by Parliament after being found guilty of misconduct.