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AGE OF ACCOUNTABILITY

Huge majority of MPs vote to impeach Western Cape Judge President John Hlophe

An overwhelming majority of parliamentarians voted to impeach Western Cape Judge President John Hlophe on Thursday in a move the opposition said underscored the importance of upholding ethical standards.
Huge majority of MPs vote to impeach Western Cape Judge President John Hlophe Western Cape Judge President John Hlophe. (Photo: Gallo Images / Sunday Times / Elizabeth Sejake)

On Wednesday afternoon, hours after suspended Western Cape Judge President John Hlophe’s urgent application to halt proceedings was scrapped from the court roll, Parliament voted overwhelmingly – 305 yeas to 27 nays – for the process of his removal from office to begin.

Later, MPs also voted for Judge Nkola Motata, who had attempted to wriggle out of a drunk driving incident by lying, to be removed by 296 yeas, one nay and 13 abstentions. Motata, alongside Hlophe, had also turned to the courts to stave off the vote.

Their impeachments result in the loss of the salaries for life paid to judges.

But what is a vote in the National Assembly without members of the Economic Freedom Fighters (EFF) being dragged out by Parliament’s protection services after endless trading of insults and jibes?

Earlier, presiding officer Cedrik Frolik announced that suspended EFF leader Julius Malema and five other suspended EFF members, as well as ANC MP and deputy minister Dipuo Peters, would not be allowed to vote.

Peters, deputy minister of small business development, was suspended in November 2023 for her role in State Capture, maladministration, corruption and mismanagement at Prasa.

Read more in Daily Maverick: John Hlophe — the Judge President who fought the law; decades later, the law won

After the vote, EFF bruisers Victoria Mente, Hlengiwe Mkaliphi, Nqobile Mhlongo and Natasha Ntlangwini were all escorted out for yelling that Freedom Front+ chief whip Corne Mulder was “the son of a racist” and thus also one.

Former Public Protector, fellow impeachee and now EFF MP Busisiwe Mkhwebane likened the vote to the “selling out of our liberation ideas”. She accused people with “racist tendencies” for abusing Hlophe who had served “with dignity”.

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”.

Afterwards, a DA statement said that after 15 years, the party’s position that Hlophe “lacks the integrity to be a judge has been affirmed by the National Assembly which has adopted a resolution supporting the Judicial Service Commission’s finding that Hlophe should be removed”.

In the statement, Breytenbach continued that this was “a historic moment in our democratic history, where, for the first time, a judge will be impeached”.

The vote on Wednesday underscored “the importance of upholding the highest ethical standards, the rule of law, and the Constitution among judicial officers”, she said.

It also sent a clear message that “no one, regardless of their position or influence, is above the law”. DM

Comments

Greeff Kotzé Feb 22, 2024, 10:44 AM

305 yeas + 27 nays = 332 votes. 4 MPs are escorted out. 296 yeas + 1 nay + 13 abstentions = 310 votes. What happened to the other 18 MPs? Did it get too late in the day for their taste? Suggest that we start paying these MPs (all 399 of them) per hour. They can clock in and clock out for record-keeping purposes. And if they forget to clock out, they can be docked the whole day's pay. Have a taste of what ordinary South Africans experience. I think the vast majority of citizens would approve.

louw.nic Feb 22, 2024, 11:42 AM

Brings to mind the matter of the famous ANC MP, one Winnie Mandela, who attended Parliament so irregularly that the then chairperson of the joint standing committee on defence, Thandi Modise, said about her: “I didn’t know she was a member of my committee..."

chessf Feb 22, 2024, 05:38 PM

The less said about her the better. I seem to remember her saying on television "with our matches we will liberate this country" Well it has been "liberated" and now many, many citizens are free to starve.

Ben Harper Feb 23, 2024, 08:00 AM

and the murder of a child

theresa burdett Feb 22, 2024, 10:51 AM

Please use your brain and not your feelings when voting. Look at who will run your municipality properly using the funds for the communities and not enrich themselves. The ANC/EFF have not been performing. Look at who will perform and who has qualities of experience, honesty, caring. If you don't vote for people like this the situation will continue to deteriorate. Is that really what you want?

theresa burdett Feb 22, 2024, 10:56 AM

Finally. This has been dragging on for years. SA must be careful who it appoints as judges. Judge Motata is another example. It takes forever to get them out of office if they are proven unsuitable.

Nick Miller Feb 22, 2024, 02:38 PM

Agreed. At least there should be no overt political input.

Les Thorpe Feb 22, 2024, 11:37 AM

I've no doubt that, knowing S.A.'s legal system (specially designed to afford perps multiple opportunities to wiggle out of convictions and reward lawyers at every turn), Hlophe's legal team will come up with some "loophole", real, imagined or contrived, to lodge an "appeal". A "rescission order" comes to mind for a start. No doubt, despite the impeachment decision, this matter will go on and on and on.

Peter Crawford Feb 22, 2024, 01:45 PM

Great news for the rule of law

eish Effedup Feb 22, 2024, 05:18 PM

Whats even more shocking is that there were still 27 MP's who thought that he was a wonderful judge.

Robinson Crusoe Feb 22, 2024, 09:30 PM

It's taken years but it's come to pass. May this be a warning to all self-serving civil servants. I don't like schadenfreude but I do like authentic justice.

Ajay San Feb 23, 2024, 08:23 AM

EFF will now become the home for the impeached.

Ajay San Feb 23, 2024, 08:25 AM

Eff is now the home of the impeached.

superjase Feb 23, 2024, 10:01 AM

from 332 votes to 310 votes "later" in the day. plenty of MPs working only half-days?