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The North Gauteng High Court has reserved judgment in controversial Judge Motata’s application to resume his judicial duties, despite the pending disciplinary process against him.

Motata was placed on special leave in 2007 after he had crashed his luxury car through the garden wall of Richard Bear, a Johannesburg businessman, while driving under the influence. Motata also made racist remarks towards bystanders at the scene of the accident.

The Judicial Service Commission (JSC) inquiry into the question of whether Motata had been guilty of gross misconduct could not progress before the conclusion of his drunken driving case. He was convicted of drunken driving in the Magistrate’s Court in 2009 but he appealed against the judgment. Only when Motata’s appeal failed in 2011 the JSC was able to continue its disciplinary inquiry. However, it was postponed once more when Motata filed his latest court application against the Minister of Justice, the JSC and AfriForum in November 2011.

AfriForum, together with the Minister of Justice and the JSC, has today opposed Motata’s application. Willie Spies, AfriForum’s legal representative, said AfriForum was concerned about the integrity of the judiciary, and it was their concern which compelled AfriForum to act against individuals threatening that integrity. It is in the interest of the judiciary that Motata not be allowed on the bench while serious charges of misconduct and racism against him are being investigated.

Judgement is reserved.