Judge Motata faces impeachment

THE Judicial Conduct Committee has found that racial remarks made by Judge Nkola Motata constituted a prima facie case of gross misconduct, AfriForum says

"In terms of this decision the Conduct Tribunal has to investigate and report on Motata's behaviour and racial remarks," said AfriForum chief executive Kallie Kriel.

The decision means Motata can be impeached.

The committee decided on Friday to refer AfriForum's complaint to a tribunal of the Judicial Services Commission.

The complaint relates to remarks Motata made after he crashed his car into a wall of a Johannesburg home while drunk in January 2007.

AfriForum said that an audio recording of the events was played in the Johannesburg magistrate's court during his drunk driving trial and that he had made racist remarks against whites after the crash.

"Among other things, Motata said with reference to Mr Richard Baird, owner of the house where the crash happened: 'No Boer is going to undermine me. This used to be the white man's land, but it isn't anymore.'

"Motata also allegedly told members of the Johannesburg Metro Police who tried to calm him that they should not support the white man," said Kriel.

They believe that Motata's conduct violates the public's confidence in the legal system.

According to Kriel, a judge must serve the interests of all communities impartially.

"Any judge who makes himself guilty of racist conduct as Motata has done according to the audio recording, has no right to be a judge," he said.

Section 177 of the Constitution states that the President must remove a judge from office if the JSC finds that the judge is guilty of gross misconduct.

In November, the Johannesburg high court turned down Motata's application for leave to appeal his conviction and sentence for drunk driving.