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...

Subscribe now to unlock this article.

Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).

There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.

Cancel anytime.

Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.