Two weeks ago, President Cyril Ramaphosa took the decision to remove Judge President John Mandlakayise Hlophe from office. This action followed Hlophe’s impeachment last month, which was supported by a majority vote in the National Assembly.
The decision to remove Hlophe was signed by Justice and Correctional Services Minister Ronald Lamola and communicated to Hlophe on March 5.
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Following his removal, concerns were raised regarding the consequences for Hlophe, particularly in relation to his benefits and pension. In a letter dated March 14, Hlophe’s attorney, Barnabas Xulu, sought clarity from the Department of Justice and Correctional Services on the matter.
The Request for Clarity on Benefits
Xulu’s letter questioned the legal basis for the reported loss of Hlophe’s accrued benefits and pension. He sought confirmation on whether the Minister had the authority to decide the consequences of Hlophe’s removal, specifically in relation to his benefits. Xulu also requested a reference to any law that grants such powers to the Minister.
Furthermore, Xulu highlighted that if the Minister did not possess the authority to determine the consequences of a judge’s removal in terms of benefits and pension, he questioned the basis for the spokesperson’s statement confirming the loss of benefits. Xulu emphasized the need for clarity on the matter, as it had significant implications for Hlophe.
The Legal Basis for Benefits and Pension
Xulu argued that neither the Constitution nor the relevant legislation, such as the Judges Remuneration and Conditions of Employment Act, provided guidance on the consequences of a judge’s removal from office under Section 177.
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He stressed that there was no legal basis for the loss of accrued benefits and pension in such circumstances.
It is important to note that Xulu’s inquiry specifically focused on Hlophe’s accrued benefits, which encompass the benefits acquired during his tenure as a judge. Xulu acknowledged that future benefits would naturally cease upon Hlophe’s removal from office.
Additionally, Xulu highlighted that Hlophe had never been informed of the possibility of losing his accrued benefits in the event of impeachment when he joined the bench as a judicial officer.
This added to the surprise and concern over the Ministry’s decision to deprive Hlophe of his accrued benefits, particularly considering the pending constitutional court challenge regarding Parliament’s decision in this matter.
As of now, no response has been provided by the Ministry regarding Xulu’s request for clarification on Hlophe’s benefits and pension.
