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.

  • Peter - 2011-11-24 22:43

    Well good luck Judge.We all deserve a second chance.I think you have done your time.

      Spyker - 2011-11-24 22:50

      Ye.., I think we need more drunk judges - the sober ones are useless at implementing the ANC's laws of the Oppression of Minorities and they seem to think Corruption is illegal...

      Fred - 2011-11-25 04:20

      Sorry, any judge who is shown to be a racists must disqualify himself from the bench. He simply cannot be trusted not to apply his prejudices in reaching decisions.

      Wimpy - 2011-11-25 07:38


      Larry - 2011-11-25 08:17

      Thats all we need. Another Judge with a complete lack of judgement.

      Nicholas - 2011-11-25 09:08

      What time has he done?? lying on his backside for two years on full pay?

      raath - 2011-11-25 09:09

      Dear ex-judge Motata. Welcome to the sober world. You lost your job because of what you did. Now stop whining. Kthx.

      jody.beggs - 2011-11-25 09:23

      @Fred , what happens to radio DJ with racial slurs , why should he be any different ? Damn the Man , Save South Africa from racism.

      magomarele - 2012-02-22 10:35

      As much as I believe that the controversial judge has done his time, I must also state that racism has no place in our society. I think the Motata must never be reinstated as a judge for that reason. He has contributed to dividing our country. Racism has potential of destroying civilisations. We must frown against racism in whatever form or type it manifests itself. NAZI racism under Hittler nearly destroyed the whole world. Apartheid in SA has left permanent scars in our lives - we're still struggling to heal from that even now. Any person who displays racial tendencies should be crushed and shouldn't be allowed to raise his head - and that include the likes of Julius Malema, Steve Hofmeyer and the AWB thugs.

  • Heinrich - 2011-11-24 23:06

    Was this oke not paid a salary all the time he was off? Do you think he sobered up in the meantime? Mind you, I can understand his little indiscretion. Some of these garden walls are just an eyesore.

  • Lauren - 2011-11-24 23:18

    Look, see, I don't think that it's right for a judge to be pissed and slam through a residential wall, but I also think that AfriForum should calm down on their indictments of anything that moves and looks like racsism. The man grew up and lived through a severe time. In his drunken state, he obviously spoke his mind. We all do it. Drunk driving judge = big no no. A pissed human being with his own thoughts and feelings = natural. Yeah, yeah, I know judges are supposed to be impartial to all the foibles of human nature, but let's get real. Each and every one of us are vulnerable to the state of being human.

      Bob - 2011-11-24 23:21

      A drunk mans words are a sober mans thoughts..!

      Marion - 2011-11-24 23:25

      I think the lesson that anyone who gets drunk should learn is that you still keep your own thoughts and feelings to yourself because there is no law against feeling them. The brown stuff hits the fan when we vocalize our thoughts and feelings in public. Mel Gibson seriously regrets not keeping his to himself. There's a very old adage for the likes of the judge and Mel... you can think what you like but you cannot say what you like (and being drunk is no excuse).

      Adam - 2011-11-24 23:37

      Lauren we have paid him over 5 million rand since his incident.How long does it take you to make R5,000,000.00,and how would you like to stand before this judge in court?

      Lauren - 2011-11-25 00:14

      Boo! So many thumbs down!! Rob, yeah, I know, he's allowed his thoughts, isn't he? Marion, agreed, but the man was blotto, clearly. I'm simply defending his utterances (not that I like them), not his drunken driving. Adam, it takes me about two days to make five milion. Hahahahaaaaaaaaaaaaaa! I wish. Ja, point taken....buuuut, my comment was about human frailty and that none of us are imune to it.

      Ruan Pretorius - 2011-11-25 06:06

      @Lauren - A convicted felon i.e. someone with a criminal record i.e. Ex-judge Motata may not hold any directorships in companies, cannot preside over legal matters, are struck from the attorney's roll i.e. cannot practice law anymore I think we are all missing the bigger point, most of all is Afriforum missing the plot. They should rather concentrate their efforts in getting Motata disbarred, whixh is in actual fact what should happen. but, the racism band wagon is just to wasy to jump on.

      Breedlike - 2011-11-25 06:26

      Darren Scott also spoke his mind when he was drunk and what happened to him???

      Carlo Hayes - 2011-11-25 06:50

      Hey Lauren why don't we just all get drunk and speak our minds!! That is a ridiculous thing to say!!!!

      John - 2011-11-25 06:51

      So, you believe this vermin, after driving his Jag drunk as a skunk, slamming into a wall, verbally assaulting the innocent owner of said wall and wasting the court's time for years, he should be rewarded by allowing him to make decisions on peoples lives? Would you feel the same about this idiot if the wall was your child? Get real and spare your bunny hugging BS for a noble cause at least and let this moron return to his mudhut where he belongs!

      Carlo Hayes - 2011-11-25 06:55

      Well said John!!

      Monique - 2011-11-25 07:28

      So you feel sorry for Darren Scott because of his racial slurs whilst also being under the influence????? BULLSHI! There is a saying in afrikaans: 'wat die hart van vol is...loop die mond van oor...' He's racist period and should not be allowed to judge, ever!

      Shirley - 2011-11-25 11:06

      Why should afriforum lay off? If it were a white judge he would of had FAR worse treatment. People in positions such as his are supposed to be impartial and set examples. Il bet you if he was trying your case with that attitude you would wuickly cry foul!!!!!

      magomarele - 2012-02-22 10:47

      I don't agree with you Lauren. I can be pissed and swear at people for whatever reason, but I shouldn't be racist about it. We're all human beings and once we start using race to demean other human being then we're being racists and that is very dangerous to our society. I read a lot about NAZI Germany and SA Apartheid, and each time I read those stories they bring tears to my eyes. It's very painfull to learn how our fellow human beings like jews would be treated the way they were treated. We should never allow a room for racism in our society...not in our life time. The same should apply for Zenophobia. Scientifically/Biologically, race has no meaning. Why're we trying to give it an ugly meaning?

  • Errol - 2011-11-25 05:52

    In the ANC, failure, or a criminal record is OK!!That's why the state/municipal etc, posts are filled, with buddies who are corrupt and rotten to the core.

  • braamc - 2011-11-25 06:24

    ayes, we want we want we want

  • Jerhone - 2011-11-25 06:26

    of course he wants his job back lot of ching for doing nothing much, I would not mind his job 4.6 million while not working only in SA.I worked for 35 yrs paying unemployment had to resign due to back injury sustained in border war, could not claim unemployment because i wasn't fired, I had resigned of my own accord and was only 53 at the time, as i said only in SA.

  • Boer - 2011-11-25 06:43

    Get a job.

  • Carlo Hayes - 2011-11-25 06:52

    You are a judge not a soap star!! Can't get your job back, thank you very much!!

  • Marius Koen - 2011-11-25 06:54


  • Marion - 2011-11-25 07:35

    With the education system allowing kids to move onto the next grade with 40% pass rate I keep telling my son that he needs to aim beyond mediocre because there is 60% of the work that he will not have absorbed. If this judge is reinstated it just reinforces the attitude that mediocre (less than in this case in my opinion) is OK. Judge, become a legal advisor somewhere and see how little you can earn because of this drunken episode.

  • Deeteem - 2011-11-25 07:37

    Dear Dronkgat,you are always welcome to join our firm as a shelf packer!! Management - Solly Kramer Group

      fishycraig - 2011-11-25 09:27

      You want to see your profits dribble away?

      fishycraig - 2011-11-25 09:28

      Ohhhh... A delivery boy for a booze company. Has he applied yet?

  • swavka - 2011-11-25 07:47

    What the R1.5million you get paid, to sit on your ar*e, and contemplate the world not enough for you? Help the unemployment issue here in SA and start a business - oh but that is actually "work". Without Government tenders of course.

  • Kraken - 2011-11-25 08:18

    What a schmuck

  • Leon - 2011-11-25 08:40

    the only reason he wants his job back,is for the Jhonny Blue at tea time.

  • pierre.leroux2 - 2011-11-25 08:56

    He wasn't drunk, he was "soberly challenged" from drinking all that tea. He's also not a racist he's "African biased". I think we are all forgetting about the true victim here - that poor perimeter wall!

  • Fourhundredkg - 2011-11-25 09:02

    Somehow I don't think we want someone with his views on the bench. In vino veritas.

  • jody.beggs - 2011-11-25 09:32

    Any judge that's racist can't be in power , his prejudice will always shine through like the chief justice's stance on child rape . And this is a major problem for woman in South Africa. And a racist in power with be just as bad We need more woman in power !! Damn South African Sexist pigs , save South African citizens.

      Marion - 2011-11-25 10:52

      @jody... thanks so much for sharing that link. S-I-C-K. Tell the millions of children who are abused by people who didn't use excessive force, or actually penetrate with a penis, that they will not be haunted every day of their lives by that violation. Whether it be one violation or multiple, an innocent life has been destroyed forever because that child will never be the person he/she was before the incident. NEVER.

  • morwape - 2011-11-25 10:24

    Law Society of Northeren Provinces why did'nt you struk this idiot from the roll?

  • Gail - 2011-11-25 11:02

    I must say that if the reports of what he said are true I as a white person do not find them racist, in fact I don't think they even qualify as crimen injuria. Worse racial slurs are uttered on these columns every day and putting him back to work would at least mean that the money he has been paid while not working would have served a vague purpose. As far as the taxi incident is concerned let's face it, taxi's are always infringing the laws and they may have hit him rather than the other way around. Even if he hit them he didn't kill anyone and they kill people every day and get away with it.

      Randomhero6661 - 2011-11-25 12:00

      I disliked your comment!

      Sivinho - 2012-02-22 09:36

      am a candidate attorney Gail and i agree with u 110%

  • Shirley - 2011-11-25 11:02

    And this wino wants to sit on the bench and expect us to believe he is impartial? He is supposed to set an example! They should use his drunken face as a drink and drive campaign!

  • Randomhero6661 - 2011-11-25 11:59

    This court used to be yours but it aint no more mof@cka!

  • Mart - 2011-11-25 13:07

    You have to be kidding me.....this individual has proven himself to be reckless and abusive , is disdainful of the law, and is a very weak example of someone who should carry the mantle of Judge. Then again...many strange things are happening in South Africa and some dodgy precebents are being set.

  • Cindy - 2011-11-25 13:31

    The man has been tried and convicted how on Gods green (or not so green) earth can he want to be re-instated to the Bench?????? Silly little drunkard! What I do like here is that he is compaining that things are dragging and he is being prejudiced, didnt have such a big mouth about swift justice when he was the one dragging things out, did he?

  • Sivinho - 2012-02-22 09:33

    this obsession of Afriforum with regards to successful black individuals is starting to annoy me...get over it now!We can't change the past but the way they are operating its like they are trying to ease their guilt by implicating blacks as also racists. Let go now please, let Motata do his job or you will be in Court next time saying the legal system of South Africa is Black and racist!

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