Drunk driving judge in bid to avoid impeachment

daveza

daveza

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http://www.iol.co.za/news/crime-courts/drunk-driving-judge-in-bid-to-avoid-impeachment-2062659

Judge Nkola Motata, who has been on fully paid special leave since his drunken driving incident in 2007, is yet again turning to court - this time to try and avoid possible impeachment.

The judge made headlines when he more than nine years ago plunged his gold Jaguar through the wall of a Hurlingham, Johannesburg home.


Witnesses on the scene reported that he was drunk at the time and the court subsequently convicted him of driving while under the influence. He was given a fine of R20 000.


But his words, allegedly uttered on the scene, is now the subject of an investigation, which if he is found to be guilty, could lead to his impeachment. He allegedly said: “No boer is going to undermine me; this used to be the with man’s land but it is not anymore.”

A senior Johannesburg advocate as well as AfriForum laid complaints of alleged misconduct against him with the Judicial Services Commission (JSC). The JSC regarded the complaints serious enough to compile a tribunal to investigate it.

Judge Motata was told that if he was to be found guilty, he could be impeached (removed from office).

He was informed in February 2013 that the Chief Justice has appointed a tribunal to investigate the complaints.

But Judge Motata now filed papers with the Gauteng High Court Pretoria, in which he is challenging several sections of the Judicial Service Act. He said these provisions are unconstitutional, especially regarding the manner in which the tribunal was composed.

He is also challenging Parliament’s interference in the matter, which he claimed undermined the independence of the judiciary.

The Office of Chief Justice Mogoeng Mogoeng meanwhile confirmed to Independent Media that Judge Motata is on special leave, with full pay.
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http://www.iol.co.za/news/crime-courts/motata-may-have-made-r13m-in-10-years-2021910

Judge Motata was placed on special leave in 2007. If he is still drawing a salary, that means since 2007, he has been paid at least R12 995 061, according to calculations based on the Remuneration of Constitutional Court Judges and Judges Proclamations made by the president annually.
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There's something very wrong if a Judge can delay a case for 10 years.

Even more wrong is that he gets R12 million from the taxpayer for sitting on his ass.
 
He was convicted and yet is still on fully paid leave?

If this were the private sector his ass would have been fired long ago.
 
The saga is still ongoing, but may come to a (damp) conclusion soon: https://www.news24.com/SouthAfrica/...ader-in-tribunal-probing-his-conduct-20180119

Retired Judge Nkola Motata has been accused of lying during cross-examination before a judicial tribunal probing his conduct.

Evidence leader Advocate Ivy Thenga, who was presenting her closing argument, said Motata had submitted two versions of how he was provoked into using "racist" language at the scene of a crash in January 2007.
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Motata, who was on special leave until his retirement last year, is still entitled to be paid retirement for life with the full benefits associated with his position.

Motata could face impeachment should the tribunal find his conduct unconstitutional. This means that he could potentially lose his salary and benefits afforded to a judge in his position.

The decision to impeach, however, would have to be made by National Assembly where the motion must pass with a two-thirds majority.
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A decade, 10 years and a bit, to sort this out.

Fire people FFS!
 
https://www.news24.com/SouthAfrica/...ed-integrity-judicial-tribunal-finds-20180417

A judicial tribunal probing the conduct of retired Judge Nkola Motata has found that his conduct at the scene of a car crash in 2007 was "racist".

"This tribunal has come to the conclusion that Judge Motata's conduct at the scene of his motor accident, and the remarks he made were racist and thus impinge on and are prejudicial to the impartiality and dignity of the courts," the tribunal's report found.

"Similarly the lack of integrity in the manner in which Judge Motata allowed his defence to be conducted at his trial, in our view is incompatible with or unbecoming of the holding of judicial office."

The tribunal recommended to the Judicial Services Commission that Motata be removed from office, in line with section 177 (1)(a) of the Constitution, which deals with the conduct of judges.
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https://www.timeslive.co.za/news/so...--racist-motata-should-be-removed-as-a-judge/

After 10 years we now have judicial confirmation that blacks can indeed be racist.

JOHANNESBURG - A judicial tribunal investigating retired judge Nkola Motata has found his conduct at the scene of a car crash in 2007 was racist.

Motata drove his car into a wall in Hurlingham in Johannesburg in 2007.

He was found guilty of drunk driving and was fined R20,000.

The tribunal investigating Motata's conduct at the scene of an accident over 10 years ago has made damning findings against him, which include his removal as a judge.

Motata was recorded hurling racial insults at the owner of the house after crashing into his boundary wall.

The tribunal has concluded that Motata's conduct and the remarks he made were racist and impinged on the dignity of the courts.

It also found that the judge allowed his defence at his trial to be conducted in a manner that is incompatible and unbecoming of holding a judicial office.

The tribunal has recommended that Motata is removed from office in line with the Constitution which deals with the conduct of judges.
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ewn.co.za

Cases against judges delayed by new disciplinary mechanisms - Chief Justice

Chief Justice Mogoeng Mogoeng says he inherited the cases of Judge Nkola Motata and Judge Mandlakayise Hlophe that have been dragging for over 10 years.
ewn.co.za ewn.co.za

Chief Justice Mogoeng Mogoeng says he inherited the cases of Judge Nkola Motata and Judge Mandlakayise Hlophe that have been dragging for over 10 years.
 
Suspension, as seen by the ANC, is a racket devised to continue paying a comrade's salary indefinitely when he/she has become involved in questionable activities that, if honestly investigated, would involve additional comrades.
 
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