By Lehlohonolo Lehana.
Western Cape Judge President John Hlophe has become the first judge to be impeached in South Africa since the dawn of democracy.
The previous judge was removed from the bench in 1910.
He was removed after MPs voted for his impeachment, emanating from a finding of guilty over gross judicial misconduct by the Judicial Service Commission.
MPs voted 305 in favour versus 27 against. President Cyril Ramaphosa must now implement the decision and send Hlophe a letter confirming his removal as a judge.
The only precedent in our wider constitutional history is the sacking by President Paul Kruger of Chief Justice JG Kotze and two other judges of the ZAR Supreme Court in 1897 for daring to question the validity of a resolution of the Volksraad.
In a National Assembly sitting on Wednesday, the committee’s chairperson, Bulelani Magwanishe, spoke of the importance of the judiciary’s independence, saying courts needed to function without interference or influence from others.
“A judge bears the responsibility of upholding the independence, integrity and authority of the court. When the very same judges are found wanting, how do we then hold them accountable? Who judges the judges?” the ANC MP said.
Magwanishe stressed that the Portfolio Committee handled the impeachment process fairly and applied its mind.
MP Glynnis Breytenbach said Hlophe’s career was not devoid of controversy, “both personal and professional”.
“It was the allegations of egregious misconduct that sparked this impeachment process. Hlophe had it all going for him. Exceptionally well educated, clearly extremely intelligent [and] he had all the makings of a stellar judicial career.
EFF member and former public protector Busisiwe Mkhwebane did not support Hlophe’s impeachment, labeling the move as “a concoction of deep-rooted racism in the judiciary”.
“Hlophe, a distinguished judge and an exceptional legal scholar, is about to be the first victim of a toxic and unforgiving culture of impaling black people who dare stand up against the dominant, liberal and racist discourse in this country,” she said.
Mkhwebane said she believed there was “a lot of political interference” in the judge’s removal from the bench.
Meanwhile Public interest organisation Freedom Under Law (FUL) has welcomed the impeachment of Judge Hlophe.
FUL’s Chris Oxtoby said there is no specific timeframe stated in the constitution for the formally remove the judges.
“The constitution doesn’t really give a timeframe for that to happen, there is a general constitutional obligation to act timeously. I would expect it to happen quite quickly but there isn’t a specific number of days or weeks that it must happen.”
Watch Live in the video below:
Video Courtesy of Parliament.