Controversial drunk-driving Judge Nkola Motata has handed all our dodgy judges a reprieve, even if it turns out to be temporary, notes Legalbrief. Thanks to his latest challenge – this time at the Constitutional Court – against the JSC conduct tribunal, action against other judges accused of misconduct is stymied, says a TimesLIVE report. Motata has asked the Constitutional Court to declare unconstitutional the convening by the JSC of a tribunal to examine his conduct.

The JSC has confirmed that no conduct tribunals will sit pending the outcome of Motata's Constitutional Court challenge.

Disciplinary proceedings against Judge Mabel Jansen, accused of racism last year, and Western Cape Judge President John Hlophe, accused of trying to improperly influence two Constitutional Court judges in 2008, are on ice. JSC secretary Sello Chiloane said it ‘goes without saying’ that conduct tribunals for all judges are now held up. Warren Freedman, a law professor at the University of KZN, said the delay in disciplining judges reflected poorly on the judiciary. ‘If the judge is innocent, his name must be cleared and if there is a problem we must deal with it. We need an efficient and fast-working judicial system.’ Geo Quinot, a law professor at the University of Stellenbosch, said it was important that the rules for disciplining judges be tested. ‘The matter is deeply intertwined with the independence of judges. 'Who will judge the judges?' is a difficult constitutional question in all legal systems, not just ours. Rather than pushing ahead with conduct tribunals, it is a good idea (for the JSC) to wait, since a challenge has been raised.’

Full TimesLIVE report