Freedom Under Law v Judicial Service Commission and Another (550/2022)
Freedom Under Law v Judicial Service Commission and Another (550/2022) [2023] ZASCA 103; [2023] 3 All SA 631 (SCA) (22 June 2023)
The Supreme Court of Appeal found that the JSC's rejection of the Tribunal's recommendation was unjustified and unsupported by the evidence. The JSC failed to properly consider the Tribunal's findings, relied on unsubstantiated claims of provocation and intoxication as mitigating factors, and did not address the impact of Judge Motata's conduct on public confidence in the judiciary. The JSC's compartmentalized approach and refusal to consider the merits of the Pretorius SC complaint were arbitrary and capricious. The Tribunal's findings, together with those of the criminal and appeal courts,…
Source excerpt
- Judicial Conduct
- Gross Misconduct
- Disciplinary Proceedings
- Judicial Service Commission Act
- Removal Of Judge
- Review Of Administrative Action