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This was confirmed by Lulama Luti of the office of Chief Justice Mogoeng Mogoeng, who said Judge Motata has not been released from service. “He is still receiving a monthly salary,” Luti said.
The tribunal probing a complaint of racism against Judge Motata was earlier this year postponed indefinitely until the highest court in the land has ruled on the constitutionality of section 24 of the Judicial Services Commission Act.
The case was initiated by Constitutional Court justices Bess Nkabinde and Chris Jafta after misconduct allegations against Western Cape Judge President John Hlophe.
Justices Nkabinde and Jafta are claiming sections of the Judicial Services Commission Act are unconstitutional as they contravene the separation of powers and judicial independence.
It also empowers the tribunal’s president to appoint the office of the National Prosecuting Authority to collect evidence on behalf of the tribunal. It is not known when the Constitutional Court will hear the matter, but if it rules in favour of the justices, this could nullify the work of the tribunal.
This is according to advocate Willie Spies, acting for AfriForum, and advocate GC Pretorius SC, who both laid complaints against Judge Motata before the tribunal.
But the saga could take years as there could be appeals after judgment.
Judge Motata, in his 60s, could by then be on pension. Judges receive their full salary and benefits after retiring.
* The Pretoria News erroneously quoted Lusanda Ntuli in the news article above as being the source with whom we spoke.