FREEDOM Under Law (FUL) has welcomed the National Assembly's vote to remove former Western Cape Judge President John Hlophe and retired Judge Nkola Motata from office.
The two judges were impeached from office after Parliamentarians voted on the Portfolio Committee on Justice and Correctional Services' report recommending their dismissal.
The voting by MPs was held on Wednesday, 21 February, where the EFF members of Parliament chose not to vote against the removal of Hlophe.
FUL spokeswoman Judith February said in terms of the Constitution, once the Judicial Service Commission (JSC) has found that a judge was guilty of gross misconduct, Parliament must adopt a resolution calling for the judge's removal from office with a 2/3rds majority.
She said the president is obliged to formally remove the judge from office.
"As the National Assembly has now adopted the required resolution, the president must now formally remove the judges from office.
"The outcome of the National Assembly vote is a sad moment for the judiciary because it marks the first time in South Africa's history that judges will be removed from office for misconduct," she said.
She said this represented a crucial step in ensuring judicial accountability, given the nature of the misconduct committed by both judges.
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"It's vital to protect the integrity of the judiciary and for public confidence in our judges that there are serious and meaningful sanctions imposed on judges who commit serious acts of misconduct.
"While the process, in respect of both judges, has taken far longer than it should have and has highlighted many problematic aspects with the process of holding judges accountable, the final outcome is to be welcomed," she said.
Meanwhile, EFF leader Julius Malema, who has been in support of Hlophe, has urged him to start an organisation such as FUL.
"Don't be scared, my brother. History will absolve you. We should meet soon and plot a way forwar. But my immediate proposal is that you form something like Freedom Under Law or the Hellen Suzman Foundation.
"We can assure you you'll never go to bed hungry, and this is inspired by the battle cry 'An Injury To One, Is An Injury to All'. We love you, JP Hlophe. Freedom is coming on 29 May 2024," he said.
The removal of Judge Hlophe emanates from 2008 when he was the subject of a complaint by 11 judges of the Constitutional Court, who alleged that he had attempted to interfere improperly with the decision in a case involving former president Jacob Zuma.
Following several years of litigation, a judicial conduct tribunal was finally convened in 2018, and in 2021, the tribunal recommended that Judge Hlophe be removed from office.
With Judge Motata, he was convicted of driving a vehicle while under the influence of alcohol in 2007.
In 2010, his appeal against the conviction was dismissed, and complaints were lodged against Judge Motata relating to the use of racist language at the scene of the accident.
He challenged the JSC process, and in 2018, a judicial conduct tribunal upheld the complaints and recommended his removal from office.
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