Now Motata challenges JSC tribunals

Judge Nkola Motata has instituted a challenge to the constitutionality of the Judicial Service Commission (JSC) Act, a move likely to bring the entire judicial accountability process to a halt once again, says a Business Day report. Motata’s papers were filed on the day the Constitutional Court gave a ruling that cleared the way for a number of judicial disciplinary proceedings to proceed after a three-year delay. No fewer than six judges including Motata, face investigations by judicial conduct tribunals that look into potentially impeachable conduct. The report notes all tribunals have been on hold since 2013, when Constitutional Court Justices Bess Nkabinde and Chris Jafta challenged the lawfulness of a tribunal at which they had been called to as witnesses. This was to investigate a 2008 complaint of gross misconduct against Western Cape Judge President John Hlophe. Tribunals are established by the Chief Justice, once the JSC has decided there is potentially impeachable conduct, and are made up of two judges and one other person. But in his court papers, Motata says the Constitution authorised only the JSC to handle complaints against judges. A process that brought in people other than JSC members was at odds with the Constitution, he said. ‘The provisions of (the Constitution) are aimed at protecting judicial independence and separation of powers,’ he says. Motata faces two complaints. The first is that he made racist remarks at the scene of his car accident in 2007. The second is that, at his criminal trial for driving under the influence, he relied on a defence he knew to be untrue.