Costly price to pay: Former judges Hlophe and Motata lose generous perks for misdeeds

Sacrificing the respect of their titles is not the only embarrassment meted out to former Western Cape judge president John Hlophe and ex-Gauteng high court judge Nkola Motata, who have been ousted for misconduct: they also lose generous lifetime perks.

Hlophe tried to influence Constitutional Court judges Chris Jafta and Bess Nkabinde to decide matters in favour of then-president Jacob Zuma in his arms deal case. Retired judge Matata disgraced his office after he lied during his trial and used racial and sexual slurs in the wake of a drunken car crash. 

Legal experts said the upshot of their being impeached by the National Assembly and officially removed from judicial office by the Presidency is substantial as they lose their title of “judge” and their right to remuneration for life. 

Mbekezeli Benjamin, research and advocacy officer at Judges Matter, said the current salary and benefits package for a high court judge is R1.99m and R2.3m for a judge president.

Benjamin said to protect judicial independence, “judges receive a salary, including medical benefits and a car allowance even after retirement and until they die”.

“However, a person who has been impeached and removed from office loses the status and title of ‘judge’ along with all the benefits that come with it, including the guaranteed salary and benefits for life.”

Benjamin said there is a formula in the Judges Remuneration Act that works out to about 80% to 90% of their salary for the rest of their lives after retirement.

Judges also receive a one-off gratuity payment on retirement, also based on a formula that works out to a substantial chunk of their retirement salary. He said Hlophe would have been entitled to a huge gratuity because he had been a judge for 29 years.

Independent researcher Chris Oxtoby said under the Judges Remuneration and Conditions of Employment Act, judges on retirement are paid an income “calculated on the highest position in the judiciary they have held, and how long they were in active service”.

Oxtoby confirmed that as Hlophe and Motata are no longer judges, they would lose this entitlement.

Constitutional law expert Narnia Bohler-Muller elaborated on the rationale behind the judicial benefits-for-life package.

She said this is because a judge may be called at any time after retirement to serve on the bench.

“As a result, judges are not permitted to pursue business interests or any other means of earning a living.”

Regarding Hlophe and Motata’s exclusion from this perk, she said if they are left financially vulnerable by their actions, that is the natural consequence of losing a “responsible, well respected and well-paid job”.

Benjamin said Judges Matter was pleased to see the affirmation of the constitutional principle of accountability, even among judicial officers.

“We are also grateful to see this long-running saga, which has caused a dent in the image of the judiciary, finally draw to a close. We hope other judges will learn from this, and uphold the high standards of judicial ethics at all times.” 

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