State says Motata's argument is flawed

The Judicial Service Commission has shut down claims by drunk-driving judge Nkola Motata that the tribunal it created to discipline him is unlawful.

Motata, on special leave since he ran his Jaguar into the wall of a Johannesburg home in 2007 while drunk, is challenging the JSC's disciplinary structures in the Constitutional Court.

In papers before the court, Motata argues that the JSC's conduct committees and tribunals are in breach of the doctrine of the separation of powers between the executive, judiciary and legislature.

This after the Pretoria High Court in Pretoria found that the JSC was free to decide how it investigates errant judges.

In court papers state legal adviser Lawrence Bassett says, on behalf of Minister of Justice and Correctional Services Michael Masutha and the JSC, that Motata's argument is flawed.

• Drunk-driving judge Motata may be disciplined by Judicial Service Commission‚ says stateThe Judicial Service Commission (JSC) has shut down claims by drunk-driving judge Nkola Motata that the tribunal it appointed to help discipline him is unlawful. 

Motata has taken issue with the fact that the JSC's conduct committees and tribunals include non-judicial members.

Bassett said the committees and tribunals were set up to "assist" the JSC to make a decision.

"[But] the JSC is the body that will reach findings and the JSC is the body that recommends that a judge be removed from office," Bassett said.

Motata claims parliament trampled the JSC's powers when it enacted the Judicial Service Commission Amendment Act in 2008 and, in so doing, took over the duties of determining the JSC's procedures.

Bassett denied that the JSC delegated its responsibilities to parliament in this regard.

The JSC and Masutha want the Constitutional Court to dismiss Motata's court challenge.

The resolution of the case will open the gates for disciplinary proceedings pending against Judge Mabel Jansen and Judge John Hlophe.

Jansen, on special leave since May, made a string of Facebook comments, in which she said 99% of the criminal cases she heard were "of black fathers/ uncles/brothers raping children as young as five years old".

Proceedings against Hlophe, accused of trying to influence Constitutional Court justices, have been delayed for years.