Freedom Under Law (RF) NPC v Judicial Service Commission and Another

In January 2007, Judge Nkola John Motata, a sitting High Court judge, drove his vehicle into a residential boundary wall while intoxicated, engaged in racist and profane verbal abuse, and resisted arrest. He was subsequently convicted of driving under the influence, with the conviction confirmed on appeal. Three complaints were lodged with the Judicial Service Commission (JSC) alleging gross misconduct. Following investigations, a Judicial Conduct Tribunal found Judge Motata guilty of gross misconduct and recommended that section 177(1)(a) of the Constitution be invoked for his removal. The JSC, by majority, rejected the Tribunal’s recommendation, finding instead that his conduct amounted to misconduct but not gross misconduct, and imposed a monetary sanction. Freedom Under Law (FUL) sought judicial review of the JSC’s decision. The High Court dismissed most of FUL’s review but remitted part of the matter. FUL appealed to the Supreme Court of Appeal (SCA).

The appeal was upheld with costs; the cross-appeal was dismissed. The High Court’s order was set aside and substituted with an order reviewing and setting aside the JSC’s decision, and remitting the matter to the JSC to be dealt with afresh in terms of section 20(4) of the Judicial Service Commission Act 9 of 1994.

This judgment affirms the constitutional accountability of the JSC and clarifies that it may not arbitrarily or irrationally reject findings of a Judicial Conduct Tribunal. It reinforces the high ethical standards required of judges and underscores the constitutional importance of public confidence in the judiciary, particularly in matters concerning judicial misconduct and potential removal from office under section 177 of the Constitution.