ANC MP Xola Nqola, chairperson of the Portfolio Committee on Justice and Constitutional Development.
- Judges Nana Makhubele and Mushtak Parker have until 30 April to submit representations on their potential removal due to gross misconduct findings by the Judicial Service Commission (JSC).
- The JSC found Parker guilty of contradictory sworn statements and non-disclosure, and Makhubele guilty of unethical conduct linked to Prasa and state capture.
- The Parliamentary process for judge removal requires a two-thirds National Assembly vote, with the committee currently at the stage of inviting written representations.
The Portfolio Committee on Justice and Constitutional Development granted an extension of one month to the two judges to submit written representations on why they shouldn’t be removed from the bench.
Judges Nana Makhubele and Judge Mushtak Parker will now have until 30 April to submit their written representations.
The committee is considering their removal following the Judicial Service Commission’s findings of gross misconduct against both judges.
The JSC found Parker guilty of gross misconduct in that he gave two mutually exclusive statements under oath, regarding his alleged assault by the then Judge President of the Western Cape, John Hlophe, and for his nondisclosure of a trust account deficit during his judges’ interview process.
The JSC found Makhubele guilty of gross misconduct because she didn’t vacate her post as interim chairperson of the Passenger Rail Agency of South Africa (Prasa) after being appointed permanently to the bench, and that she, while interim Prasa board chair, improperly interfered with litigation to assist obtaining a R50-million settlement for Siyaya Group, a state capture implicated company, against Prasa, which was dishonest, unethical and lacked integrity.
The findings of gross misconduct were key. In terms of Section 177, judges can only be removed if the JSC finds that the judge suffers from an incapacity, is grossly incompetent, or is guilty of gross misconduct and the National Assembly calls for the judge to be removed, by a resolution adopted with a supporting vote of at least two-thirds of its members.
At a Portfolio Committee on Justice and Constitutional Development meeting in February, all parties, except the MKP, agreed to move forward with the impeachment process against Parker and Makhubele.
The next step in that process was for the committee to write to the judges, inviting their submissions.
READ | Impeachment process against Judges Parker, Makhubele under way as MPs accept JSC findings
“We heard that the letter regarding Judge Parker was initially sent to an email address no longer in use. The said letter, therefore, only reached him about two weeks ago. His attorneys requested more time, until 30 April, to comply,” said committee chairperson, ANC MP Xola Nqola, in a statement, following Wednesday’s meeting.
“Furthermore, the committee received correspondence that Judge Makhubele has been hospitalised and is therefore not in a position to respond at this stage. We therefore granted both the extensions requested.”
The steps in the Parliamentary process for the removal of judges:
1. The committee must formally note findings as legal facts.
2. The committee may call for a procedural presentation from the JSC, if the committee has questions for clarity as to the process followed.
3. The committee must invite written representations on extenuating circumstances from the Judges who stand to be affected (we are now at this step).
4. The committee must deliberate on whether the judges should be removed.
5. The committee must report on its recommendation regarding a sanction to the National Assembly.
6. National Assembly must consider the recommendation. A two-thirds majority is required for a judge’s removal.
