The African judiciary has been tarnished recently by successive judicial scandals in Lesotho and Swaziland. But SA, unwilling or unable to resolve two serious and long-running cases against members of its own judiciary, is in no position to point fingers. One of these cases involves Pretoria Judge John Nkola Motata, who crashed through the perimeter wall of someone’s home 10 years ago. Convicted and sentenced for drunk driving, he has been on special leave since January 2007. For 10 years he has been entitled to a full salary and to the perks and benefits of other judges, all without doing any work. The other drama involves the judge president of the Western Cape, Judge John Hlophe. In March 2008 a complaint was laid against him by the constitutional court, on the grounds that he had attempted to influence some of its members in relation to a case they were considering. Together, the progress of these two cases could constitute text-book illustrations of the many creative ways litig...

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