REPUBLIC OF SOUTH AFRICA

JUDICIAL SERVICE COMMISSION

Mr K Kriel
Chief Executive Officer: Afriforum
P 0 Box 17216
LYTTELTON
0140

Per E-mail

Dear Mr Kriel

AFRIFORUM v JUDGE MOTATA

We refer to the above matter.

I have been requested by the Chief Justice and Chairperson of the Judicial Service Commission (Commission) to write to you as follows:

You will recall that the Judicial Conduct Committee, pursuant to section 16 of the Judicial Service Act, 1994 as amended (JSC Act), referred your complaint lodged against Judge Motata regarding the alleged racist remarks made at the scene of the accident that took place on 6 January 2007 at or near Gleneagles Road, Hurlingham, to the Commission to consider whether it should request the Chief Justice to appoint a Judicial Conduct Tribunal (Tribunal) to investigate this complaint.

On 25 June 2011, the Commission considered the recommendations of the Committee and your written and oral submissions made to the Committee, and found in accordance with section 19(1)(a) of the JSC Act that there are reasonable grounds to suspect that Judge Motata is guilty of gross misconduct. In light of this finding, the Commission has decided, in terms of section 19 of the JSC Act, to request the Chief Justice to appoint a Tribunal.

Kindly note that the Commission will, pursuant to section 19(4) of the JSC Act, inform the President of its decision to request the Chief Justice to appoint a Tribunal. The Commission is further required, in terms of section 19(4) (b) of the JSC Act, to advise the President of the desirability of suspending Judge Motata from office in accordance with section 177(3) of the Constitution.

In this regard, you are kindly requested to make written submissions to the Commission stating reasons, if any, why it is desirable for the Commission to provide such advice to the President and furthermore, any conditions that should be applicable in respect of such suspension.

It would be appreciated if your written submissions could reach the Secretariat by 15 July2011.

Yours sincerely,

Sello Chiloane
Secretariat: Judicial Conduct Committee
28/06/2011

Source: www.afriforum.co.za

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