THE Speaker, Nosiviwe Mapisa-Nqakula, has agreed with members of the programming committee that the report on the removal of suspended Western Cape Judge President John Hlope and retired Gauteng judge Nkola Motata be tabled in the Chamber in January next year where members will be present physically to vote.
This was because there would be no venue available at this stage for a physical sitting and the removal of the two judges would require a two-thirds majority.
The justice and correctional services committee adopted the report on the impeachment of Hlope and Motata for gross misconduct.
During the meeting of the programming committee on Thursday, ANC chief whip Pemmy Majodina proposed that the report be referred to the National Assembly for adoption at the end of January because it would not be possible to get a venue for the physical sitting now.
She said Parliament would need a two-thirds majority to remove the judges.
She also said the programme of Parliament was tight at this stage and a special sitting would have to be convened at the end of January for members to vote.
IFP chief whip Narend Singh said he agreed that they would not be able to have a sitting now.
He also said there had been delays in the process.
But House chairperson Cedric Frolick denied that delays were on the side of Parliament.
He said Parliament dealt with the issue promptly after it was referred to it by the Judicial Service Commission.
The issue at hand was for Parliament to set aside the date for the removal of the two judges.
Mapisa-Nqakula said she agreed with Frolick that there were no delays on the part of Parliament to institute an impeachment process against Hlope and Motata.
“I am happy with the latter part of your reasons, which is indeed from the side of Parliament there is nothing which has been delayed. In fact, one of the issues I have been discussing with the Secretary to the National Assembly (Masibulele Xaso) is the fact that this will require a two-thirds majority. There will be no venue available for us to pass this before we adjourn Parliament,” said Mapisa-Nqakula.
She said she agreed with the proposal that the sitting be held at the end of January.
They will have to find a venue to accommodate all members of Parliament to attend the special sitting.
“We have now received a report from the committee that they finalised everything and that they are ready to present the matter to the national assembly. Hence, the decision on our side that it will be better if we do it at the beginning of next year,” said Mapisa-Nqakula.
Judges Hlope and Motata were impeached by Parliament after they were found guilty of gross misconduct. Hlope was accused of trying to influence Constitutional Court judges on the matters of former president Jacob Zuma in 2008.
Motata was found guilty of driving into a wall of a Johannesburg home in 2007, and the JSC slapped him with a fine. But Freedom Under Law challenged the decision in the Supreme Court of Appeal, saying Motata had committed gross misconduct.
siyabonga.mkhwanazi@inl.co.za
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