Supreme Court of Appeal tells Judicial Service Commission to send gross misconduct finding about a judge to parliament
It is rare for courts to be so fed up with decision-makers that they simply bypass said decision-makers. Yet that is what happened last week, when the Supreme Court of Appeal told the Judicial Service Commission to send a gross misconduct finding about a judge to parliament to begin impeachment proceedings.
A tribunal appointed by the JSC to investigate Motata made its findings in 2018, more than a decade after the incident. It recommended that Motata be found guilty of gross misconduct, which would warrant stripping him of his lifetime benefits. Motata also retired from the bench in 2018.Freedom Under Law challenged this finding. A majority of the SCA last week agreed. “Motata’s conduct was egregious,” the SCA majority said.
Only after a two-thirds majority vote in the National Assembly can a judge be impeached, according to the Constitution.dealing with suspended Western Cape judge president John Hlophe’s possible impeachment for allegedly trying to influence the Constitutional Court. Yet, what should also be remembered is that the JSC that ruled on Motata is not the same one we’ve been watching over the past two years. Comissioners have been replaced and new leadership has been established, with chief justice Raymond Zondo and deputy chief justice Mandisa Maya taking the helm. For that reason, it is unlikely that the JSC will appeal against this finding as Zondo, the current head of the JSC, can wash his hands of the JSC’s decisions.
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