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The Supreme Court of Appeal has ordered the judicial service commission (JSC) to revisit the disciplinary inquiry into the impeachment of Judge Nkola Motata, who was found guilty of drunk driving in 2009. Freedom Under Law brought the appeal. The JSC was ordered to reconsider the reports and recommendations of the Judicial Commission Tribunal (JCT), including other available material, ensuring that reasons support every ruling. The matter should be dealt with within 90 days from the order date.
The judges criticised the JSC for allowing its secretary, who is a layperson, to file an affidavit on its behalf. They directed the JSC to correct this, stating that the committee's chairperson should file the testimony. They argued that the JSC acted arbitrarily and capriciously when dealing with the Motata complaint. Motata was convicted of drunk driving following an accident in January 2007, where he reversed into the boundary wall of a residential property owned by Richard Baird. He was sentenced to a fine of R20,000 or 12 months imprisonment.
The tribunal found that Motata was intoxicated at the time of the crash, and the majority of the JSC did not engage with Motata's dishonesty regarding his intoxication at all. They said there appear to be deep inconsistencies in the JSC's approach to the issue of Judge Motata's intoxication. They also said the JSC and the high court failed to consider the impact of Motata's conduct on the public confidence in the independence, impartiality, and integrity of the judiciary.
Motata's behaviour at the incident scene was characterised by racism, sexism, and vulgarity, the judges said.
