The JSC has dismissed claims by drunk-driving judge Nkola Motata that the tribunal it appointed to help discipline him is unlawful. Motata has been on special leave since he crashed his Jaguar into the wall of a Johannesburg home in 2007 while drunk and is challenging the JSC’s disciplinary structures in the Constitutional Court, notes a TimesLIVE report.

The Gauteng High Court (Pretoria) found in December that the JSC was free to decide how it investigates judges. State legal adviser Lawrence Bassett argued‚ in court papers‚ that Motata’s claim about the JSC’s conduct committees and tribunals breaching the doctrine of the separation of powers – because these include non-judicial members – is flawed.

Though these bodies offer assistance‚ it is the JSC that has the final say on recommendations for dealing with misbehaving judges‚ he said.

Bassett deposed his affidavit‚ filed on 14 February‚ on behalf of the Minister of Justice and Correctional Services Michael Masutha and the JSC. The responding parties want the Constitutional Court to dismiss Motata’s appeal. The report says the resolution of the case will open the gates for disciplinary proceedings pending against Judge Mabel Jansen and Judge President John Hlophe.

Jansen‚ who has been on special leave since May‚ came under fire for 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. Motata was due to appear before a Judicial Conduct Tribunal in 2013‚ on complaints relating to racist remarks he made at the scene of his accident and his conduct at his subsequent criminal trial.

Full TimesLIVE report