[Media Statement] Judges Matter welcomes the decision to recommend the removal from office of Judges Motata and Hlophe.

The Portfolio Committee on Justice and Correctional Services decided on 22 November 2023, to recommend to the National Assembly that retired Judge Nkola Motata and suspended Western Cape Judge President John Hlophe be removed from office.

In terms of section 177 of the Constitution, 1996, a judge may be removed from office only if the Judicial Service Commission (JSC) finds that judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members.

The JSC has found that Judges Nkola Motata and John Hlophe are guilty of gross misconduct, respectively. Hence the recommendation made by the Portfolio Committee on Justice and Correctional Services to the National Assembly.

Judges Matter welcomes the majority decision of the Portfolio Committee on Justice and Correctional Services to recommend to the National Assembly that retired Judge Nkola Motata and suspended Western Cape Judge President John Hlophe be removed from office as judges.

Judges Matter also commends the Portfolio Committee on Justice and Correctional Services for dealing with the removal from office of the two judges expeditiously. The Portfolio Committee on Justice and Correctional Services has also provided the judges with opportunities to make representations in relation to their removal from office as judges.

We trust that the National Assembly will also deal with the removal from office of both judges expeditiously. The delays in dealing with conduct issues are extremely concerning, when considering the reputation of the judiciary. Both matters need to be brought to finality.