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[1] The applicant is a judge of the High Court of South Africa, based in the North Gauteng High Court Division, Pretoria. First respondent is the Minister of Justice and Constitutional Development of the Republic of South Africa. Second respondent is the Judicial Service Commission, established in terms of Section 178 of the Constitution of the Republic of South Africa, 1996. Third respondent is Afriforum, an incorporated association (according to its letterhead in the papers before me). Fourth respondent is an advocate of the High Court of South Africa.
[2] On 5 January 2007 the applicant was involved in a motor vehicle accident in Gleneagles Road, Hurlingham. Subsequently the applicant was arrested and charged with a number of offences. He thereafter appeared in Court and was eventually convicted of driving under the influence of liquor. An appeal against this conviction was unsuccessful.
[3] On 7 July 2008, while the criminal trial was in progress, third respondent lodged a complaint with second respondent against the applicant. The complaint related to remarks allegedly made by the applicant on 5 January 2007 after the accident occurred. These remarks, so third respondent contended, constituted gross misconduct on the part of the applicant. Whether or not there is any merit in the complaint lodged against the applicant is something that I do not have to consider for purposes of this judgment.
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