Rédaction Africa Links 24 with Marianne Thamm
Published on 2024-02-21 20:42:50
On Wednesday afternoon, the suspended Western Cape Judge President John Hlophe’s urgent application to halt proceedings was scrapped from the court roll, and Parliament voted overwhelmingly for the process of his removal from office to begin. The vote resulted in 305 yeas to 27 nays. Later, MPs also voted for Judge Nkola Motata, who had attempted to avoid a drunk driving incident by lying, to be removed by 296 yeas, one nay, and 13 abstentions. Motata, alongside Hlophe, had also sought to stave off the vote through the courts. Their impeachments result in the loss of the salaries for life paid to judges.
The day was not without its drama, as members of the Economic Freedom Fighters (EFF) were dragged out by Parliament’s protection services after exchanging 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.
After the vote, EFF members Victoria Mente, Hlengiwe Mkaliphi, Nqobile Mhlongo, and Natasha Ntlangwini were 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”.
Overall, the events of Wednesday signify a major turning point in South Africa’s judiciary and demonstrate the commitment to upholding ethical standards and the rule of law. The impeachment of Judge Hlophe and Judge Motata serves as a clear message that no one is above the law, and that integrity and ethical conduct are paramount for judicial officers. The vote was a historic moment in South Africa’s democratic history, marking the first time a judge has been impeached.
Read the original article on Daily Maverick
