Drunk driving judge hearing delayed indefinitely

It says the Judicial Conduct Tribunal set up last year to investigate the complaints against Motata had little choice but to put itself on hold - because if Nkabinde and Jafta succeed in their case it would invalidate everything done by the tribunal. But, says the report, it means the complaints against Motata will remain unresolved for the forseeable future. The report notes that three separate judicial conduct tribunals established to look into potentially impeachable conduct by judges have been frustrated and delayed by intervening litigation - raising questions about whether judges can really be held to account when there are allegations of wrongdoing. The case brought by Nkabinde and Jafta arose out of a separate tribunal set up to investigate gross misconduct allegations against Western Cape Judge President John Hlophe and in which they were to be the main witnesses.

BDlive says the two justices took the tribunal to court on a number of grounds - including that section 24 of the JSC Act was unconstitutional. It notes that section 24 provides that the president of a judicial conduct tribunal may appoint a member of the NPA to collect evidence on behalf of the tribunal. Jafta and Nkabinde said the section offended against the separation of powers and judicial independence. As a result, the tribunal into Hlophe's conduct was put on ice. Similarly, notes the report, North Gauteng High Court Judge Ntsikelelo Poswa has challenged a tribunal established to look into him and three of his colleagues - Judges Ferdi Preller, Moses Mavundla and George Webster - for failing to deliver judgments for inordinately long periods. According to Rapport, Judge Achmat Jappie, president of the tribunal, said it was in Motata's interest and the public's interest to conclude the matter as soon as possible. It also quotes Advocate Themba Skosana, acting on behalf of Motata, who it says argued that the involvement of Advocate Ivy Thenga, Director of Public Prosecutions from Kimberley, as evidence leader at the tribunal would render the entire process void should the court later find the provision unconstitutional. The report notes Motata remains on special leave with full pay. He is likely to be able to retire on a full pension before the matter gets an airing. Full BDlive report Full report in Rapport See also a City Press report

The Constitutional Court should urgently intervene, public law professor Bernard Bekink, of the University of Pretoria, is quoted as saying in a Beeld report. He said the latest developments tell the public 'the constitutional mechanisms to hold judges accountable are not working efficiently'. Bekink said: 'The Constitution makes provision for disciplinary steps against judges, which isn't being followed now. The matter justifies direct consideration by the Constitutional Court.' The report notes that taxpayers have paid Motata a salary of more than R10.1m over the past seven years that he has been on special leave. Full Beeld report