Complaints and disciplinary procedures against judges not run effectively – report

The process of complaints against judges and the dragging of cases continue to be a problem as experts say judges need to reform.

Report

The Helen Suzman Foundation (HSF) released a report appealing for a reform of the Judicial Service Commission (JSC) and offered 11 proposals, with one focusing on determining clear, defined criteria and procedures for selection of the chief justice, along with dealing with disciplinary procedures.

According to the report, the process of complaints and disciplinary procedures against judges should be run effectively and efficiently. But, in practice, it was not the case.

Judges Matter researcher Mbekezeli Benjamin said the complaints process against judges needed serious reform.

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Cases

As two cases were demonstrated in the report, HSF indicated the current system needed to be reworked. The first case was of Judge Nkola Motata, who allegedly drove into a residential wall while intoxicated in 2007.

In 2009, Motata was found guilty of driving under the influence of alcohol, which was confirmed on appeal, with three complaints laid against Motata with the JSC, one in 2007, one in 2008, and the last in 2011.

The Judicial Conduct Committee suggested a Judicial Conduct Tribunal (JCT) be appointed and after it was established in 2018, the JCT recommended his impeachment.

But in October 2019, the JSC rejected the recommendation of the JCT and ordered him to pay a fine.

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The process had been on-going for over a decade.

The second case included a complaint lodged against Western Cape High Court Judge President John Hlophe in May 2008 for allegedly attempting to improperly influence two Constitutional Court judges to find in favour of former president Jacob Zuma.

In April 2021, JCT found Hlophe guilty of misconduct and recommended his impeachment.

However, Hlophe took the JSC’s decision on review, which was dismissed in May 2022. The JSC then recommended to President Cyril Ramaphosa to suspend Hlophe but Ramaphosa was yet to take any decision.