Staff Reporter
The judge conduct system will be put to test on the cases of former Gauteng Judge Nkola Motata, and dismissed Western Cape High Court Judge President John Hlophe, who will be facing indictment charges following cases of misconduct.
The two are the first judges to be tried under the judge conduct system according to the judiciary monitoring organisation on judges matters.
Motata was convicted of culpable homicide after slamming his vehicle into a residential wall in Hurlingham, Sandton, north of Johannesburg, in 2007.
The Hlophe case is a 2008 complaint that eleven Justices of the Constitutional Court filed against him. The case concerns the Western Cape Judge President’s purported attempts to sway two judges of the Constitutional Court on an impending verdict.
The Justice and Correctional Service Portfolio Committee of Parliament has stated that it intends to advocate for the impeachment of the two judges.
For the advocation to be implemented, two thirds of the members of the National Assembly must vote in favour of the indictment of both Motata and Hlophe.
During yesterday’s committee meetings, only the Economic Freedom Fighters (EFF) vented objections to the Justice and Correctional Service Portfolio Committee of Parliament’s impeachment recommendation.
According to Judges Matter coordinator Allison Tilley, “They are pathfinders in a way, they’ve really been the first judges who’ve tested the conduct system, although Judge President Hlophe, to a larger degree, and what they’ve done is they’ve challenged most parts of the judicial conduct system.”
“The many challenges that they brought didn’t succeed, they’ve certainly appealed the matters as far as they can take them. I think what that ends up meaning, is that the subsequent conduct matters that are coming through now are going to be dealt with more quickly.”
