Parliament has resolved to call for the removal of retired judge Nkola Motata with 296 MPs voting for his removal and one MP voting against, while 13 MPs abstained from the vote.Motata becomes the second judge to be impeached following the earlier decision to impeach Judge President of the Western Cape High Court John Hlophe court.
Their impeachments emanate from recommendations of the Judicial Service Commission which found them guilty of gross misconduct. Meanwhile, the majority of the political parties represented in the National Assembly have praised the Judicial Service Commission in its recommendations for theDA MP Glynnis Breytenbach has described the precedence set by the removal of Hlophe as a milestone even for future impeachment processes in the democratic dispensation.
“The impeachment of Hlophe or any judge has profound implications for judiciary integrity in South Africa. It underscores the standard of upholding the highest ethical standard among the judiciary officers. It also sends a clear message that none, regardless of their position or influence, is above the law. Moreover, it affirms the principle of judiciary independency as the corner stone of democracy and boldly underlines the principle of the rule of the law.
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