Azra Hoosen | ah@radioislam.co.za
7 March 2024 | 14:30 CAT
2 min read

Western Cape High Court division Judge President John Hlophe has been officially removed from his position. This action follows President Cyril Ramaphosa’s final decision, which was informed by the National Assembly’s vote in favour of Hlophe’s impeachment.

Justice and Correctional Services Minister Ronald Lamola delivered a letter to Hlophe yesterday, formally notifying him of his immediate removal from office. The letter cited the Judicial Service Commission’s finding of gross misconduct against Hlophe and the National Assembly’s resolution supporting his removal by a two-thirds majority vote.

President Ramaphosa, in accordance with section 177 (2) of the Constitution, has acted upon these findings and resolutions, removing Hlophe from office immediately.

Mbekezeli Benjamin, Research and Advocacy Officer of the Judges Matter campaign, told Radio Islam that John Hlophe’s judicial title had been revoked as of yesterday. He is now addressed as Mr. John Hlophe, no longer holding the title of judge.

“I imagine this is a very sad moment. It is the lowest a legal career can get. Being appointed as a judge is a very prestigious position, and being removed as a judge means losing that respect that the position commands from peers and the country,” he said.

Benjamin estimates that going forward, Hlophe will lose an estimated 2.3 million Rand, which he usually would receive each year.

“Furthermore, he also loses the benefits that come with this position. Judges get a full judge salary from the moment they are appointed until they die. They do not have to worry about pension or medical benefits. But he now loses all that,” said Benjamin.

Benjamin asserts that regarding retrials in cases handled by Hlophe, unless legal representatives can demonstrate that the judge erred in applying the law or that the facts were misrepresented, there are limited options for recourse. The cases could potentially be appealed to a higher court, but Benjamin expresses scepticism about the likelihood of success in such appeals. He emphasised that the impeachment process primarily concerns the judge’s conduct rather than their rulings or decisions in court. Judges who violate the code of conduct face consequences, irrespective of their judgments on individual cases.

Hlophe has indicated his intention to take the case to the Constitutional Court, which will ultimately decide on the process followed. However, Benjamin suggests that the likelihood of the court siding with Hlophe is minimal, if not nonexistent.

Benjamin believes this is an important moment of accountability in South Africa.

LISTEN to the full interview with Muallimah Annisa Essack and Judges Matters’ Mbekezeli Benjamin, here.