Citizens & Political Parties React to South Africa’s Parliament Impeaching a Top Judge

For the first time in its democratic history, a top judge has been impeached in South Africa.

On Wednesday evening, members of South Africa’s parliament overwhelmingly voted in favor of ousting John Hlophe from his position as Western Cape Judge President. The parliamentary vote comes on the back of the Judicial Services Commission (JSC) investigating a misconduct complaint that Hlophe, in 2008, approached two Constitutional Court judges to sway their decisions in favor of Jacob Zuma, while the South African former president was being charged with an arms deal-related corruption case.

In 2021, the JSC’s Judicial Conduct Tribunal recommended the impeachment of Hlophe for gross misconduct. The case was heavily delayed due to a lengthy investigation and several appeals by Hlophe, who consistently denied the allegations. Before Wednesday’s vote, an urgent application from the now-impeached judge was scrapped from the court roll.

In a landslide vote, 305 MPs voted in favor of impeachment, while 27 voted against it. Shortly after, the parliament also voted in favor of impeaching another judge, Nkola Motata, who had been convicted for drunk driving and spewing racist remarks, back in 2007. Last August, the Speaker of the National Assembly confirmed receiving a letter from the JSC, recommending that Motata, a Gauteng High Court Judge, be impeached and removed from office.

Motata has since retired, but this impeachment now strips him of his retirement benefits. The same applies to Hlophe, whose removal is subject to President Cyril Ramaphosa signing off on parliament’s decision. It is expected that the impeachment will be ratified, since MPs of the ruling African National Congress (ANC) party voted in favor of Hlophe’s removal. The main opposition, the Democratic Alliance (DA), also aligned with the ANC in voting for the judge’s ousting.

“We may have waited 15 years for this moment, but the impeachment of Judge Hlophe, or any judge, has profound implications for judicial integrity in South Africa,” a statement on the DA’s website reads. “It underscores the importance of upholding the highest ethical standards, the rule of law, and the Constitution among judicial officers. It also sends a clear message that no one, regardless of their position or influence, is above the law. Moreover, it reaffirms the principle of judicial independence as a cornerstone of democracy and boldly underlines the principle of the Rule of Law.”

Running opposite the ANC and DA, MPs of the Economic Freedom Fighters (EFF) not only voted against the impeachment, but also demonstrated theatrically, with MP Busisiwe Mkhwebane accusing her colleagues of “racist tendencies” for abusing a judge who had served with “dignity.” In its official statement shared to X (formely Twitter), the EFF stated that it “vehemently condemns the politically motivated impeachment of Judge John Hlophe,” claiming that the decision is a “blatant act of silencing.”

In its statement, the EFF noted that Hlophe submitted a 43-page report in 2005, where he exposed the systemic racism in South Africa’s legal system, which meant he had allegedly been targeted for removal nearly two decades later. EFF Leader Julius Malema also showed solidarity with Hlophe on X and urged him to “continue to mark these racists.” However, many South Africans on X quickly replied to Malema with a video in which he referred to Hlophe as a “rotten potato.”

One user added, “My biggest gripe with the EFF is that the party's positions are guided by the whims of Julius. Case in point: the shift in their attitudes towards Jacob Zuma and Judge Hlophe (I remember a time they were against Hlophe, or am I mistaken?),” before sharing screenshots of EFF’s posts from 2017, accusing Hlophe of trying to influence judges on the Zuma case.

Since parliament’s voting on the impeachment of Hlophe, many South Africans have shared their reactions on X, mirroring the stances of DA and the EFF, and also highlighting the conversations in the country and its current complexities ahead of its upcoming elections. Below are some of the reactions.

X user @BongaDlulane wrote: “Judges John Hlophe and Nkola Motata are not some victims of a witch hunt by white people. They made decisions that ultimately cost them dearly. Case dismissed.”

Another user @BongaOfficial, shares a different opinion: “I hope Judge Hlophe is not impeached. It would be one of the greatest travesties of our democracy. A highly qualified black judge whose career ends in public lynching & humiliation. Sad day for black professionals,” he wrote.

“If Judge Hlophe was White, I’m assuming this argument was not going to be put forward, Black people must not be held accountable? If ur argument was that he did nothing wrong maybe it was worth debating, [you] can't reject impeachment just cause someone is a black professional that's lame,” another user, @kabelodick, said in response to @BongaOfficial.