Judgment reserved in Motata case

2012-08-16 14:04
Nkola Motata (File, Sapa)

Nkola Motata (File, Sapa)

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Johannesburg - Judgment has been reserved in an application by convicted drunk driver Judge Nkola Motata to have an inquiry into misconduct allegations halted, The Times reported on Thursday.

"Charging a judge for misconduct, in the absence of statutory provisions creating misconduct, is against the principle of legality," Motata's counsel, Bantubonke Tokota SC, told the North Gauteng High Court on Wednesday, according to the newspaper.

Judge Jean Nepgen challenged the argument and asked whether judges could do as they pleased because there was no code of conduct.

"If I stand up and swear at you now, wouldn't my conduct amount to misconduct?" he asked.

Motata wanted the court to halt the inquiry into the allegations, arguing that there was no code of conduct applicable to judges in the Judicial Service Commission (JSC) Act relating to misconduct.

He lodged an application to thwart the JSC's intention to haul him before a tribunal over a complaint about racist remarks he allegedly made at an accident scene in 2007.

Motata was found guilty of drunk driving in 2009, two years after crashing his car into the wall of businessman Richard Baird's Johannesburg property.

Motata allegedly said, while drunk: "No boer is going to undermine me; this used to be the white man's land but it isn't anymore."

He is also alleged to have told a metro policemen who tried to calm him down not to support a white man.
Read more on:    nkola motata  |  judiciary

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