The defence in the case of Judge Nkola Motata could not proceed with an application yesterday to discharge him on his drunk driving charges. .
Defence counsel Danie Dorfling informed the court on February 24 of his intention to have the matter postponed for another week as he had not received instructions to proceed with argument for the discharge today.
"My instructions to continue with the discharge have not been resolved," he said after further probing by magistrate Desmond Nair.
Dorfling said that pending instructions from his instructing attorney, he would proceed with the application next Monday.
"It's our intention to proceed with the discharge but I can't give an undertaking that I'll have instructions to proceed with it on Monday," he said.
The state had closed its case against Motata, who crashed his car in Hurlingham, Johannesburg, in January 2007, allegedly while drunk. - Sapa