Motata appeals against probe into him

2012-02-27 10:23

Johannesburg - Judge Nkola Motata, who was convicted of drunken driving, has appealed to the courts to stop Justice Minister Jeff Radebe from appointing a judicial conduct tribunal to investigate him, according to a report on Monday.

Motata, who was found guilty of drunken driving in 2009, is attempting to ask the court to find an investigation into his conduct unconstitutional and unlawful, The Sowetan newspaper reported.

In court papers lodged in the North Gauteng High Court on Friday, Motata claimed there was no provision in the Constitution that allowed the Judicial Services Commission (JSC) to decide what constituted misconduct.

In its responding affidavit, the JSC said Motata's application had no merit and it did in fact have the power to investigate gross misconduct charges.

Motata is appealing to get back his job as a high court judge. He was placed on special leave in 2010 pending an appeal against his guilty verdict.

Civil rights group AfriForum has filed papers asking the court to rule that Motata be permanently removed as judge. It claimed his conduct had been brought into question when making racial utterances at the scene of his drunken driving car crash.

  • ivan.coetzee2 - 2012-02-27 10:42

    And I suppose he is on full pay also??

      RatexZa - 2012-02-27 10:48

      Why would you try and stop an investigation if you are not guilty?

      Janice - 2012-02-27 11:11

      Think hes got something to hide??????

      Mike - 2012-02-27 11:13

      Now that is my question exactly! He is on permanent leave with full benefits and yet he wants to go back?! Maybe his wife asked him to mow the lawn!??

      procold2 - 2012-02-27 12:13

      whats he hiding

      RSole - 2012-02-27 14:54

      The parasite has no shame. Fire the Sh$T.

      Francois - 2012-02-27 16:30

      It is more concerning that there is an investigation - I pretty much thought the evidence was clear. Thus it should only postpone the inevitable and enrich those running the investigation.

      Mike - 2012-02-27 19:41

      Mmmm Francois: I also had the idea this was now concluded....? So here we go again???

  • mariuskowie - 2012-02-27 10:48

    Appeal against being investigated? Why does he not just cooperate and prove his innocence?

      John - 2012-02-27 11:08

      Wait Rebel, the next thing he's going to sue for wrongful arrest.

  • Andre - 2012-02-27 10:49

    Are the wheels of justice turning this slow? This person has been proved to be unfit to be a judge. The JSC should review all his cases to ensure his racist uncultured behaviour did not cause innocent whites to be unlawfully deprived of a fair trail.

  • Kevin - 2012-02-27 10:52

    So many bottles still. So many walls

  • Thoka - 2012-02-27 11:01

    argg please Motata save yourself the embarrasment and go farming.

  • Gungets - 2012-02-27 11:02

    What a headline. Hahhhaaa ... where did they stick the probe.

      John - 2012-02-27 11:10

      Into that cavity between his ears, or.....

      Anthony - 2012-02-27 12:23


  • kabelo.leballo - 2012-02-27 11:06

    getting full pay for wrong-doing... i also wanna work for our government!!

  • Zion - 2012-02-27 11:07

    This criminal should have been locked up in 2009. Will his salary still be to the taxpayers account until the end of time. Maybe if the case is carried on indefinitely then piet-public will conveniently forget obout judge potata. Think how lekker it will be in the tjoekie: Motata as judge Selebi as commissioner of no cops, Cele a figure of fun and Shaik playing banker. (Cops get off free)

  • Larry - 2012-02-27 11:09

    This Clown is really stretching it now.

  • Dennis - 2012-02-27 11:29

    Has the foul mouthed, racist, convicted criminal been sentenced yet ?

      Shoosh - 2012-02-27 11:54

      you forgot about the "drunkard" title.

  • Sharon - 2012-02-27 11:31

    Isn't it about time he retired? He looks as old as Moses...

  • raegan.mcreed - 2012-02-27 12:06

    ''dont give this man a bells''

  • Victor - 2012-02-27 12:09

    Fire his racist ass

  • Mart - 2012-02-27 12:50

    Is this waster still drawing income from the state ??

  • Sylvia - 2012-02-27 14:49

    This guy just refuses to go away, just like Malema. He should have been fired already.

  • frank.hartry - 2012-02-27 14:50

    This guy is unbelievable. A convicted drunk and racist he has been on special leave at R60.0000 per month for five years. It was in 2008 that he crashed his car. We can only hope that Mr Baird sues Motata for every cent he has. He is evil.

  • Jay - 2012-02-27 15:30

    Even Julius Mal- ema & Bob Mug- gabe knows you were drunk & guilty.

  • Enlightened - 2012-02-27 16:37

    Only in Africa, trust me, only in Africa. In any normalcountry, the following would have happened. The very moment he was arrested for drunken driving and, for the duration of the investigation, he would have been suspended without pay. The very instant he was found guilty, he would have been disbarred for life.

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