Judge Motata wants his job back

2011-11-24 22:26
Johannesburg - Convicted drunk driving Judge Nkola Motata has lodged a court application to get his job back and stop a gross misconduct probe against him.

In court papers dated Friday at the North Gauteng High Court in Pretoria, Motata said a decision by the Judicial Service Commission to appoint a tribunal to do the probe had to be declared unconstitutional and unlawful.

On these grounds, Motata has asked the court to direct the justice minister and the JSC to allow him to resume his responsibilities as a judge.

The JSC decided in June to initiate an investigation into allegations of racial slurs by Motata at the scene of his 2007 car crash.

Motata was convicted of drunk driving after crashing his car into the perimeter wall of a house in Hurlingham, north of Johannesburg. The racial slurs were directed at home owner Richard Baird.

Motata was later placed on special leave.

In his founding affidavit Motata said: "It is submitted that the snail's pace at which this matter is being dealt with is not in the interest of all parties and is particularly prejudicial to my rights to a speedy finalisation of the administrative action against me."

He said the JSC was dragging its feet and that there was no legal basis for keeping him at home when there was a dire need for judges.

The rights group, AfriForum, which laid the complaint of racism, based its allegations on audio recordings from the night of the incident.

In the recordings Motata tells Richard Baird, shortly after the crash that: "This used to be the white man's land, but it isn't anymore".

Motata also allegedly asked members of the Johannesburg metro police who tried to calm him: "Why do you support the white man?"

In court papers, Motata said he planned to challenge this.

"I respectfully submit that nothing amounts to racial utterances in the words I used and their context."

AfriForum confirmed on Thursday that it had received the court documents and intended to appeal Motata's applications.

- SAPA

Read more on:    jsc  |  afriforum  |  nkola motata  |  judiciary
NEXT ON NEWS24X

SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
51 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 
Traffic
Lottery
 
  • Tuesday Kuils River - 13:44 PM
    Road name: Polkadraai Road Eastbound
    ROADWORKS between the R102 Van Riebeeck Road and the R310 Baden Powell Drive exit - HEAVY DELAYS
  • Tuesday Mitchells Plain - 12:21 PM
    Road name: Eisleben Road
    TRAFFIC LIGHTS not working at Hermes way
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

40% off appliances & homeware

Get mind blowing deals on top selling appliances and homeware. Offer valid while stocks last. Shop now!

Lenovo A1000 tablet now R999!

Get the Lenovo A1000 tablet for only R999! Offer valid while stocks last. Shop now!

Mind blowing deals on electronics!

Save up to 35% on electronics. Offer valid while stocks last. Shop now!

New gobii smartphones from R999!

Front and rear camera's, dual SIM capability and 200MB of FREE Cell C data every month for 12 months, are just some of the many features on these smartphones. Get yours now! Shop here.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Nokia Lumia 800

The stunningly social Nokia Lumia 800 features head-turning design, ...

From R2199.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

It may be hard to avoid an argument or heated conversation today. Someone may be stirring things up and testing your patience. ...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.