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Motata case 'open and shut'?

by
2008-11-14 14:01

Dear Editor,

I have been following the story of Judge Motata and his drunk-driving charge that has been making news, and causing many frowns for nearly two years now.

This case should be a given. However, there is a snag. The law, as adapted for senior politicians and judges (in this case), comes from a different set of lawbooks it seems.

An ordinary South African "off the street" drives into your garden wall, is clearly drunk and abusive when confronted, and to top it all, recognised as being drunk by the some officers on the scene. You would have him or her arrested, you would claim damages, and the case goes to court to be concluded.

But not in the case of Judge Motata - this is not an ordinary person. He goes to court and his legal team disputes the accuracy of the test done to determine how drunk he was, and because he is one of the "special ones", very special attention is given to his defence.

This is my point: Not like with Jacob Zuma (and many others), and now Judge Motata, we as ordinary citizens would have a case like this against us finalised a long time ago, we would be fined an astronomical amount, or would possibly already be doing some time in one of our proud detention facilities for breaking the law.

The case of Judge Motata should be an open and shut case.

I am one of the many, many South Africans who are sick and tired of this travesty of justice. When is this going to end?

Paul van der Schyff

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Disclaimer: News24 encourages freedom of speech and the expression of diverse views. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors reserve the right to edit or delete any and all comments received.

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Coco 11/14/2008 2:08:55 PM
I agree with you Paul. Its now the survival of the fittest, the rich. Life is so unfair in SA.

pete 11/14/2008 2:08:57 PM
Paul, you can add rich businessmen into your mix.

Angela 11/14/2008 2:10:28 PM
... and in addition to this he is going to get off scott free and go back to his high paying job as witnesses have either disappeared, contracted amnesia or have lied on the stand to protect him?!?!!? Justice for the rich and connected!!

Mark T 11/14/2008 2:11:15 PM
The amount of justice one is allowed, is based on the amount of funding one has behind you. Us ordinary folk, do not have thousands lying around for legal fees, so justice is swift. However, top people do have this funding and can afford (especially of the tax payer pays) to drag trials out for as long as possible.

Stephanie 11/14/2008 2:11:17 PM
Somehow these people are untouchable.

Harris 11/14/2008 2:11:18 PM
i agree. They deny it, but VIP's get preferential treatment. The judge which granddaughter was murdered. From murder to sentencing - 3 months. Jacub Zuma - From penetration to acquittal - 3 months. Normal citizens: Sheldean Human - From murder to sentencing her murderer - 2 years. Not even talking about other rape cases that never goes to trial. Its a disgrace.

IandI 11/14/2008 2:12:26 PM
As a judge, Motata knows all the loopholes and he is exploiting them to the fullest. It is obvious that there is justice for the rich and justice for the poor.As you know we are all equal before the law, but some people are more equal tahn others.

Geoff 11/14/2008 2:12:41 PM
I agree with Pete's comment. It's not so much a matter of two justice systems, but how much cash you can throw at a legal problem. And it's a universal phenomenon, in no way limited to SA.

Richard Hipkin 11/14/2008 2:15:04 PM
Can afford for their lawyers to sift through other cases and law books to find the loopholes, we can't.

Les-Maada 11/14/2008 2:15:20 PM
not about who you are!!If u can afford a battalion of good lawyers then you can also go off the hook, simple as that!!Money speaks louder than everything meneer & you should know better!

Joburg Boykie 11/14/2008 2:19:03 PM
Motata was a sober as judge! ;) --- Seriously, I agree with you 100%. Tony Yengeni is another fine example of this dual justice system. Just watch as he gets acquitted on a technically.

Crimson 11/14/2008 2:19:15 PM
Money speak, if you can hire the best you'll stay out of jail, not just here but in America as well. OJ Simpson, Michael Jackson , Zuma and this judge. I mean look at his picture, is that the look of a sober man, just look up his name Judge Motata in Google images. That pic was taken the same night. All I say is money speaks. In Zumas and Motatas case our tax money. Therefore technically we pay for criminals to stay out of jail.

Kolobe 11/14/2008 2:22:37 PM
Paul, stop it boet, where you there to prove this allegations that he was in fact clearly drunk and abusive when confronted, that?s the reason we have the courts, this letter really just want to provoke people, chief if you were there to prove this allegation why did you not in court to testify,

Oom_Kosie 11/14/2008 2:24:45 PM
I wonder what the usual turn-around time for a drunken-driving and destruction of property case is. Is there anyone in the legal profession that could tell us. Is two years an excessive time for such a case in South Africa? (I do agree that, whether there is preferential treatment or not, 2 years is a ridiculous time for ANY case to take!) And by the way, did you check the article about Yengeni?

Tsotsi 11/14/2008 2:24:59 PM
A judge misusing the law he should uphold should be shot with daylight!

Richard Hipkin 11/14/2008 2:25:29 PM
Can afford for their lawyers to sift through other cases and law books to find the loopholes, we can't.

Glock 22c 11/14/2008 2:26:10 PM
Did you not know the LAW does not count for them ? Please man get with the program !

Crimson 11/14/2008 2:27:04 PM
Hi editor I dont know what your policies are on posting links but if you could please post the following link so the news 24 users can decide for themself if they think Judge Motata had only tea before his accident. Here is the link ---> http://www.thetimes.co.za/News/Article.aspx?id=795022 please post it so users could have info before commenting.

Oom_Kosie 11/14/2008 2:27:50 PM
I wonder what the usual turn-around time for a drunken-driving and destruction of property case is. Is there anyone in the legal profession that could tell us. Is two years an excessive time for such a case in South Africa? (I do agree that, whether there is preferential treatment or not, 2 years is a ridiculous time for ANY case to take!) And by the way, did you check the article about Yengeni?

TedHaller 11/14/2008 2:29:40 PM
It's no different to the Tony Yengeni case - heaven alone knows how many parole conditions were broken, but yet he is still a free man and they are fighting over trivial technicalities. You are untouchable if you fought in the struggle and are now a fat-cat in the ANC!!

Hero Nakamura 11/14/2008 2:30:10 PM
These bunch are all the same. All above the law. Yengeni force police officers to lie as well. With POPCRU helping to intimidate the officers. If the arresting office in Yengeni's case was white they would have blamed racism. Why must cops arrest their bros and sisters if they know that some are above the law? No wonder cops are not motivated enough to do their jobs!

VG 11/14/2008 2:30:18 PM
Paul, if you drove into someone's wall and had the financial resources to drag it out forever, I"m pretty sure you would. Judge Motata's career practically rests on him being cleared. Its not just politicians and judges..look at Dave King or Fred van der Vyver[accused of killing Inge Lotz] reportedly spent millions defending himself. He even flew in an expert from the US.

Grace Kadzere 11/14/2008 2:34:49 PM
To top it off, it has now come out into the open that the police officer who arrested him was forced to lie to protect Motata! I mean, WTF! His salary also did not get suspended but he has been getting every month that he didn't work, a salary that comes from the taxes of us the middle class - struggling people. Our justice system is so blurred and needs to be on its deathbed soon! We need a more ferocious justice system! Out with this sewerage-stinking system!

Silver Surfer 11/14/2008 2:41:13 PM
We will all ultimately end up bearing the consequences of zero moral values. Already we have seen the fruits of this in recent times. Society sucks, and it is because of these idiots (Motata and Yengeni) and people like them.

Sven Gohre 11/14/2008 2:41:24 PM
Tax-payers money should not be used to defend any Public servant or politician accused of Driving under the Influence. The argument that they are employed by the state and therefore the state pays their defence is Hogwash. They over indulged and still got into their cars and drove, therefore they should pay for their own defence. I doubt that they will be able to afford the costly defence teams tax-payers money can buy.Yengeni McBride and Co.

Mzekezeke 11/14/2008 2:42:17 PM
Motata is not using the tax payer's money to pay for his legal fees. It's out of his own pocket.

Eduan 11/14/2008 2:48:02 PM
BUT. Look at the Waterkloof 4. They were only ordinary citizens, yet for how long did they stall their case with appeals etc before they FINALLY went to jail? At least three years if not more.I think at the end of the day it boils down to how good a legal team you can afford.

Sinudeity@Gmail.com 11/14/2008 2:48:18 PM
Tony Yengeni went to jail for a bribe, via a discount on a 4x4. 29 other ANC members received the same bribe. ONLY one of those ANC members were fired. Only Yengeni went to jail for it. How about all the Travelgate MP's, who STILL have their jobs, and have access to our tax monies? In China, corrupt politicians are EXECUTED. In South Africa, they get promoted.

Juan 11/14/2008 2:51:44 PM
In a Democracy EVERYONE is equal. Those 'freedom fighta's' must REALLY feel stupid now. Theire fight was in vain, and yet again, a 'small elite' are reaping the benefits!

proud to be white 11/14/2008 2:52:20 PM
There is a big difference between actually being innocent and knowing it,as was the case in Fred's case,and a judge who knows he is guilty,but wasting tax payers money just because he doesnt want to admit he was in the wrong.

Jan 11/14/2008 2:53:59 PM
old news. The ANC comrades are and will always be untouchables. Heaven forbid you arent ANC and do something wrong... To the slammer for you, to get raped by the ANC supporters.

Steve 11/14/2008 2:55:23 PM
+- 4 months. I was pulled over under the influence, not drunk. 4 months later with legal rep i was in court, and given a criminal record so i cannot work abroad anymore. White man in SA is f***ed.

mike 11/14/2008 2:55:39 PM
Im an attorney, so to answer your Q, no its not that unusual for a case to take that long. Court cases are a process, with every step in that process needing a certain amount of time. Then once all the pre-trial issues are dealt with only then is a court date applied for which can in itself take ages! Yes the more money you have the longer you can drag it out for, but unfortunately thats how the world works in all spheres of life. Its not a perfect system, but its the best we can do i promise!

Andy 11/14/2008 3:03:38 PM
I think that it IS unusual for a drink-drive case to take this long-even with money. Stats on such cases will show an average of far less time spent...the jury is still out on this one!

Crimson 11/14/2008 3:08:48 PM
I apologise Mzekezeke you are correct, however who is paying the state prosecution? Our tax money is. Anyway your defense to Motata is disturbing, that is if you are defending him. What is your stance on the matter?

Pangea 11/14/2008 3:13:02 PM
The fact is the deeper your pockets and the more politically connected you are the more justice bends to your favour, so much for the myth "equality before the law". Look at the advocate Barbie case its going on for ever.

mike 11/14/2008 3:21:07 PM
You right its not the norm, but its certainly not THAT out of the ordinary that you might suspect something untoward at play. I have seen far kless complicated things take even longer!

Mzekezeke 11/14/2008 3:22:24 PM
I do not actually defend him. I do realise that if you have money to pay for the best lawyers, you're likely to escape jail. This is a world wide phenomenon. However, with the Waterkoof four they got jailed after six years. So, justice might be delayed but it might prevail as well.

Jonathan 11/14/2008 3:22:24 PM
I suppose you could say that justice is taking its course, however what is amazing is the level of influence the defense has on the court, for instance a couple of days for evidence on the admissibility of cell phone video footage which clearly shows the judge in a drunken and abusive state. Would an ordinary citizen be given the same latitude even if he could afford the defense?

slabs 11/14/2008 3:24:13 PM
Motata was convicted for fraud, so i suppose the correct term would be "out of his pocket with tax payers money" Kolobe, he was drunk and abusive period. and now we find out that the police covered up for him aswell, he was convicted for fraud and had a 9pm curfew and was not allowed to drink.

Bruce 11/14/2008 3:24:46 PM
Fail. Everyone gets the chance to dispute the charges against them. Cops often mess up and that's all we can hope for.

slabs 11/14/2008 3:24:56 PM
Motata was convicted for fraud, so i suppose the correct term would be "out of his pocket with tax payers money" Kolobe, he was drunk and abusive period. and now we find out that the police covered up for him aswell, he was convicted for fraud and had a 9pm curfew and was not allowed to drink.

Grace Kadzere 11/14/2008 3:27:11 PM
...which means we are footing Motata's legal bill. What the judiciary system has done in this case is a one of the greatest secrets of truly crap service in law. I think all these old men sitting as judges & advocates on the case need to be done away with and bring in newer fresh brains, even if they lack experience, at least their brains dont have the emotional baggage of looking after people who looked after them in the former regime,because honestly,this is what it boils down to besides money.

martin albert 11/14/2008 3:27:28 PM
The justice system that feeds off this type of case, and those such as the one against Zuma, King, etc. It is sickening the way the whole justice set-up assumes the moral high ground and yet when it comes to an opportunity to earn money there is no justice - be it expensive lawyers, judges, advocates, courts, ministers, etc. You should all be ashamed of yourselves, making obscene amount of money and yet people sit in jail for stealing a loaf of bread because they are hungry.

jbird 11/14/2008 3:50:44 PM
I laugh when I read the following. What was the purpose of this question? Except to use the age old excuse its a race thing... "Superintendent Hewana asked me if I knew a person from Popcru, with a Xhosa name. I said I did not know; I said, why? "He said this person from Popcru was phoning him the whole day asking him what the race of the arresting officer was." I bet you if it was a white officer it would of turned into a race thing....

Duzi 11/14/2008 3:55:51 PM
Mate, the blood tests proove that he was drunk, it's only a date that is wrong that will get him off. He knows he is guilty, you know he is guilty, yet still... he will fight to get his anem cleared via a technicallity... and these are the people we entrust the upholding of our laws. He is a joke... and so are you for defending him... perfect example of what is wrong with SA. SA needs accountable people, not people that try get away with whatever they can...!!

Baboon 11/14/2008 3:56:29 PM
When I was kid I was unfortunate enough to end up in my mother's class. She was unbellievably strict on me, cut me no slack, gave me none of the benefit of the doubt she gave other kids. I complained about it. Thought she was unfair and said so. She said that she had to do that, because the other kids would say she was playing favourites otherwise, and would make my life hell. The same principle should apply to holders of ublic office. Seperate law for them - a harsher one.

Richard Hipkin 11/14/2008 4:05:04 PM
I think you mean Yengeni.

Anti 11/14/2008 4:12:16 PM
This so-called judge is clearly guilty because if he wasn't it would have been thrown out of court a long time ago. Unfortunately the court case is still going on and that tells me they are hiding something or trying to get him of the hook. We all make mistakes but for F.... sakes be a man and admit it. Oh, and by the way.. if you look close at the photo you can see he is as drunk as a fly - so stop defending him.

Grace Kadzere 11/14/2008 4:16:50 PM
Our justice system has proved terrible at making big decisions. Instead of a finalised case,we have had a repetitioon & reorganisation of 'facts' that turn out to be nothing but lies. Does Motata understand the way ordinary taxpayers live their lives or care about the problems ordinary people face? No! Is he driving the same Jaguar he crushed into the walls with? No, this is a new one. People with behaviour like Motata's & the Judiciary system have dragged SA's reputation into the gutter. Arggh!

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