Judges Nkola Motata and John Hlophe have until November 15 to present their case to the justice committee in the National Assembly on why they should not be removed from office, following the findings of gross misconduct by the Judicial Service Commission (JSC).
The two reports on Motata and Hlophe were referred to the National Assembly by the JSC a few weeks ago.
In its meeting on Tuesday, the committee said it would give the two judicial officers until November 15 to provide extenuating circumstances on their removal.
Chairperson of the committee, Bulelani Magwanishe said the committee will consider their submissions when they deliberate on the two cases.
“The committee heard that the Judge Hlophe matter dates from 2008 and revolves around the alleged corruption relating to the Thint arms deal, which is currently before the Constitutional Court. It is alleged that Judge Hlophe met with Judge Chris Jafta and Judge Bess Nkabinde in their respective chambers prior to the judgment. A complaint was filed with the JSC in May 2008 by the Justices of the Constitutional Court about an attempt to improperly influence the outcome of the case and other related issues,” said Magwanishe.
After several years, the JSC found Hlophe guilty of gross misconduct.
On the issue of Motata, it came from the Supreme Court of Appeal which found that the earlier finding of the JSC was a slap on the wrist.
This was after Motata was found guilty of misconduct by the JSC and given a fine. But Freedom Under Law took the matter to the SCA, which found him guilty of gross misconduct.
Motata had crashed his luxury car into a wall of a house in Johannesburg and he insulted the owner of the house.
This was in 2007 and Motata was drunk at the time of the incident.
Motata retired from the bench in 2019. But the JSC has referred the matter to Parliament for his impeachment after he was found guilty of gross misconduct.
Magwanishe said Motata will have until November 15 to provide extenuating circumstances on why he should not be impeached.
Parliament will need a two-thirds majority to remove any of the judges from office.
Politics