JSC denies claims by disgraced judge that tribunal is unlawful
Judge Nkola Motata was convicted of drunk driving in 2009; a court has found that the Judicial Service Commission is free to investigate judges as it sees fit
The Judicial Service Commission (JSC) has rejected claims by Judge Nkola Motata that the tribunal it appointed to help discipline him is unlawful. Motata has been on special leave since he crashed his Jaguar into the wall of a Johannesburg home in 2007 while drunk and is challenging the JSC’s disciplinary structures in the Constitutional Court. In December, the High Court in Pretoria found that the JSC was free to decide how it investigates judges. State legal adviser Lawrence Bassett argued‚ in court papers‚ that Motata’s claim about the JSC’s conduct committees and tribunals breaching the doctrine of the separation of powers — because these include non-judicial members — is flawed. Although these bodies offer assistance‚ it is the JSC that has the final say on recommendations for dealing with misbehaving judges‚ he said. Bassett deposed his affidavit‚ filed on February 14‚ on behalf of the Minister of Justice and Correctional Services Michael Masutha and the JSC. "The [Judicial Co...
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