[Media Statement] Judges Matter welcomes the Supreme Court of Appeal’s ruling concerning Judge Motata

[MEDIA STATEMENT]

22 June 2023

Judges Matter welcomes the Supreme Court of Appeal’s ruling that the JSC was wrong in only finding Judge Motata guilty of misconduct, instead of gross misconduct.

The Supreme Court of Appeal (SCA) decided today that the Judicial Service Commission (JSC) must send Judge Motata to Parliament for a vote on his possible impeachment in terms of section 177 of the Constitution, 1996.

The facts that underlie this decision occurred in 2007, when the Judge had a car accident while under the influence of alcohol. Judge Motata compounded this by insulting Mr Baird, the person whose wall he had driven into, and then subsequently made matters even worse by instructing his lawyers to deny any of this. He was found guilty in a criminal court of driving under the influence. A Judicial Conduct Tribunal (the Tribunal) found him guilty of gross misconduct and recommended to the JSC that he be referred to Parliament for a vote on his impeachment in terms of section 177 of the Constitution, 1996. The JSC did not do so, but rather ordered he pay a fine as he was guilty of misconduct, not gross misconduct.

17 years after the accident, the SCA has said the failure of the JSC to refer the matter to Parliament as gross misconduct was wrong, because they disregarded the factual findings of the Tribunal. The matter must now be decided by at least two thirds of the National Assembly. This comes late in the day for this Parliament, which is already seized with the impeachment of the Western Cape Judge President Hlophe, which was sent to the President in July of 2022. That complaint against Judge Hlophe was brought to the JSC in 2008. Judge Hlophe is currently on suspension.

We are aware of three other judges are also currently on suspension, two for delayed judgements, and one for misconduct relating to her acting chairpersonship of a state-owned enterprise. The delays in dealing with these conduct issues are extremely concerning, when considering the reputation of the judiciary. While these conduct issues do speak to the strong protection given to judges to ensure their independence, they must create concern that the judiciary can’t clean house. The Judicial Service Act needs revision to streamline the conduct process and avoid such lengthy delays.

About Judges Matter:
Judges Matter is a civil society project dedicated to monitoring the South African judiciary. Based at the Democratic Governance and Rights Unit at the UCT Law Faculty, Judges Matter conducts applied research and advocacy to monitor the appointment of judges, their discipline for misconduct, and how the judiciary is governed and administered.
More information is available on www.judgesmatter.co.za and on Twitter: @WhyJudgesMatter.

For comment: Alison Tilley
alison@judgesmatter.co.za
071 671 8654

Image credit: Neil Baynes

RELATED ARTICLES:
= Freedom Under Law versus Judge Motata
= The JSC’s misdealings against Judge Motata
= What Judge Motata did wrong
= Judge challenges constitutionality of JSC Act