Motata goes to court to get job on the bench back
DISGRACED Pretoria High Court judge Nkola Motata, who was convicted of drunk driving in 2009, has launched a desperate court bid to stop Justice Minister Jeff Radebe from appointing a judicial conduct tribunal against him.
PAPERS FILED: High Court judge Nkola Motata at a previous court appearance.
Photo: VELI NHLAPOMotata claims such a tribunal, which would investigate charges of gross misconduct, is unconstitutional and unlawful.
In court papers filed in Pretoria on Friday, Motata has brought a court application to prevent Radebe from setting up the tribunal.
Motata also wants Radebe's decision to place him on special leave to be declared unconstitutional and unlawful and wants to be allowed to work as a judge again.
"There is no provision in the constitution which confers a right to the Judicial Service Commission (JSC) to decide which conduct constitutes gross misconduct," said Motata in court papers.
The former judge, who has been on special leave since September 2010, continues to enjoy a monthly income of R60000 a month. Effectively, he has earned R1.080-million for the past 18 months while off work.
Motata was found guilty of drunken driving in September 2009 after crashing his luxury car into the perimeter wall of the house of Johannesburg businessman Richard Baird on January 7 2007.
In his court papers, Motata had claimed that he only had two glasses of wine to drink.
He was sentenced to a fine of R20000 or one year imprisonment.
Motata has brought the application against Radebe, the JSC, AfriForum and Johannesburg bar senior counsel Gerrit Pretorius.
Pretorius wanted Motata to be removed from the bench, saying he was not fit to be a judge, while AfriForum lodged a case of hate speech against him for making alleged racist remarks towards Baird on the day of the crash.
In his court papers, Motata said there was no legal basis to AfriForum's opinion that he should be removed permanently as a judge. He denied making racial utterances.
Motata said the misconduct inquiry was to be conducted with the aim of finding him guilty of gross misconduct.
"This is aimed at recommending, through Parliament, to the president, my removal from the office."
The judge also wants to the court to declare Radebe's decision to place him on special leave unconstitutional and unlawful.
Motata said he was never consulted and nor did he agree to be placed on special leave.
He denied acknowledging that a judge could not realistically expect to carry out his duties while being the subject of an investigation involving allegations of racism, criminal conduct and dishonesty.
In a responding affidavit, the JSC's Advocate Vasantrai Soni said Motata's case had no merit.
Soni said the JCS's authority to investigate a judge and decide if he was guilty of gross misconduct arose directly from the constitution.
The JSC said it had played no role in Radebe's decision to place Motata on special leave.
truthhurt
Motata should just retire and stay home, he can drink all day long, for as long as he wants.Report Abuse
BaleliM
The photos showed anything but a man who had two glasses. He was drunk beyond words.I can imagine a drunk judge presiding over a murder case. Sad.
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Papage
Don't we have young Judges in S.A, Most of them look old. there are lot of Lawyers who can't get eployment, Why the state is not eploying them and necessary skills. Mr Motata must retire, he is not a good role model.Report Abuse
Apathaia
"In his court papers, Motata had claimed that he only had two glasses of wine to drink."Two draught-glasses of wine :P
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Jaja'sQueen
Unfortunately, he represents a lot of South Africans who are bent on milking the country dry by using any legal loop-hole they think will assist them to continue to maintain their comfortable lifestyles.Report Abuse
