1. In her letter dated 30 August 2012 the Chief Magistrate of Port Elizabeth, informed the Commission that Mr Ntuli was arrested on Friday 17 August 2012 on a charge of drunken driving. He was allegedly found by a police officer in the town at around 07h15, driving alone in a motor vehicle, which was moving from one lane to another, an indication that the driver was not in proper control of the motor vehicle. He was issued with a written warning to appear in court at Uitenhage on 13 February 2013