Parliament, Wednesday, 20 September 2023 – The Portfolio Committee on Justice and Correctional Services today adopted guidelines for the steps it will take in its impeachment processes for both Judge Nkola Motata and former Western Cape Judge President, Judge John Hlophe.
Committee Chairperson Mr Bulelani Magwanishe said the processes will be conducted in terms of Section 177 of the Constitution. He highlighted the importance of adopting the steps as he said it will be the first time since 1910 that a judge are to be impeached in South Africa. “We need to have a framework to ensure we know the steps to follow in order for us to arrive at a recommendation to the House. This is a new process for Parliament and we want to ensure that we leave no loopholes.”
Mr Magwanishe said the committee adopted its six steps framework as set out in a presentation by Dr Barbara Loots of Parliament’ Constitutional and Legal Services Office regarding the referral of a finding on gross misconduct against Judge Motata. “This framework that we adopted today is important as it will be the impeachment procedure for any judge that comes before the committee now and in the future.”
The committee today already finalised step one in terms of Judge Motata by formally noting the finding as a legal fact. Mr Magwanishe said the committee has also now been given the go-ahead by Parliament’s Programming Committee to proceed with the impeachment proceedings again Judge Hlophe.”
He said the committee will now proceed to step two in which it calls for a procedural presentation from an official of the Judicial Services Commission (JSC). “We will have to satisfy ourselves that the JSC has followed all the procedures before we present a recommendation to the House.” The committee resolved to request such presentations on both Judge Motata and Judge Hlophe.
Step three entailed that the committee must invite written representations on extenuating circumstances where after, according to step four, it must deliberate on the matter. The committee must then report on its decision to the National Assembly, who according to step six must consider the recommendation and vote.
Mr Magwanishe said the committee agreed to attach timeframes to the steps to ensure the committee deals with these matters during the current term.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES, MR BULELANI MAGWANISHE.
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