Johannesburg - The Judicial Conduct Tribunal to investigate a complaint of racism against Judge Nkola Motata is scheduled to take place in June, the Judicial Service Commission (JSC) said on Thursday.
“The tribunal to investigate complaints against Judge Motata is scheduled to take place on June 19 to June 21,” secretariat member Sello Chiloane said.
He said Chief Justice Mogoeng Mogoeng announced the tribunal in February and assigned KwaZulu-Natal high court deputy judge president Achmat Jappie, Eastern Cape high court judge Nambitha Dambuza, and attorney Ilan Lax to hear the matter.
Chiloane said the tribunal would discuss with the parties the manner in which the proceedings wouldl be conducted in due course.
Lobby group AfriForum welcomed the appointment of the tribunal to investigate its complaint of racism against Motata.
On Thursday, AfriForum said it received a letter from the JSC confirming the tribunal's formation.
AfriForum CEO Kallie Kriel said it received the letter three weeks ago.
The tribunal was expected to investigate and report on Motata's conduct following a car accident in January 2007.
Motata was found guilty of drunk driving in 2009, two years after crashing his car into the wall of businessman Richard Baird's Johannesburg property.
He allegedly said, while drunk: “No boer is going to undermine me; this used to be the white man's land but it isn't anymore.”
He also allegedly told a metro policemen who tried to calm him down not to support a white man.
A recording of the racial slurs and other insults was accepted into evidence in his trial in the Johannesburg Magistrate's Court.
Motata later went to the High Court in Pretoria to try and stop the JSC from convening a tribunal to probe the complaint about his remarks.
Motata argued there was no code of conduct applicable to judges in the Judicial Service Commission (JSC) Act relating to misconduct.
In a statement, Kriel said section 177 of the Constitution allowed for the president to remove a judge from his position if the JSC found him guilty of gross misconduct.
The National Assembly then had to approve the judge's removal by a two-thirds majority. - Sapa