GOOD Speech by Brett Herron,
GOOD Secretary-General & Member of Parliament
21 February 2024
Note to editor: This is the speech that was delivered by GOOD Secretary-General and Member of Parliament, Brett Herron, during today’s sitting for the Consideration of Recommendation for Removal from Office Judges Hlophe and Motata.
Today we face the unenviable task of implementing Sec 177 of the Constitution – to consider the removal of judges Hlophe and Motata.
South Africa’s judicial system is a key instrument for the maintenance of its over-arching integrity.
All people and sectors of society depend on the judiciary’s impartiality and independence in order to be able to hold the State accountable for its integrity, and the integrity of its administrative decisions.
In this space, judges cannot be viewed as harbouring political agendas.
Ultimately, an impartial and independent judiciary provides the bedrock of confidence in our democratic order.
The system relies on the fact that no-one can be above the law – not a judge, not a judge president, not even a president.
That’s the constitutional (besides, ethical) principle we are tasked with demonstrating today.
Chapter 8, in Sec 165, of the Constitution provides that the ‘courts are independent and subject only to the Constitution and the law, and that “no person…may interfere with the functioning of the courts”.
Sec 174 of the Constitution requires that our judges are “fit and proper persons”.
The Judicial Services Commission has discharged its constitutional duty to conduct hearings to determine whether these judges are guilty of gross misconduct.
Ours is not debate the merits of those findings – we were not party to the evidence – or to second-guess the JSC’s finding.
The courts have said:
“The decision as to whether misconduct occurred is that of the JSC alone” ;and
“The National Assembly receives that finding as a fact and deliberates thereupon, not to
reconsider it, but to decide what to do based on it”.
Where those who are trusted with ensuring that the rule of law is enduring, and seen to be done, are found to have broken the law, and have been found guilty of gross misconduct, then there is a duty on the National Assembly to reinforce the principle of constitutionalism and the rule of law.
That requires us to support the Committee’s recommendations in both cases and remove the judges from office.
Media Enquiries:
Brett Herron, GOOD Secretary-General & Member of Parliament
Cell: 082 518 3264
Email: bretth@forgood.org.za
Janke Tolmay, GOOD Media Manager
Cell: 073 367 1223