Motata 'paid R4.6m while not working'

2011-05-24 12:35

Johannesburg - The justice department says it will comment later on Tuesday on a report that Judge Nkola Motata has been paid almost R5m while on special leave related to his drunken driving trial and subsequent conviction.

Spokesperson Tlali Tlali said the response would be to a report in The Star that Motata had been paid R4.6m for not working for four years.

Motata crashed his Jaguar through the wall of businessman Richard Baird's home in Hurlingham, Johannesburg, in January 2007.

In 2009, the Johannesburg Magistrate's Court convicted him of drunken driving and sentenced him to a fine of R20 000 or 12 months' imprisonment.

In November 2010, the court dismissed his application for leave to appeal.

Annual salary

The Star reported that in 2007 a judge earned an annual salary of R739 497. By 2010, this figure had increased to R1 385 013.

Justice Minister Jeff Radebe reportedly said in reply to a parliamentary question that he was of the view that Motata should remain on special leave until the Judicial Service Commission (JSC) concluded an investigation against him.

"Subsequent to his conviction and sentence in 2010, a complaint was laid against him with the JSC to investigate whether, in light of his conviction and sentence, he is fit to hold judicial office," said Radebe.

Motata also faces other complaints laid with the JSC.

Racism complaint

AfriForum laid a complaint of racism related to remarks he made at the scene of his accident.

AfriForum said on Sunday that the Judicial Conduct Committee had found that racial remarks made by Motata constituted a prima-facie case of gross misconduct.

The Catholic Commission for Justice and Peace and advocate Gert Pretorius have also laid complaints against him.

The recommendation that the complaints be heard by a judicial tribunal would be tabled with the JSC at its next sitting in October.

This could be followed by the selection of tribunal members and the establishment of a timeframe.

Tlali was quoted in the Star report as saying: "You cannot interfere with the remuneration of someone who is on leave - he's on paid leave."

  • saabnut - 2011-05-24 12:39

    Utterly despicable. I wonder what struggle credentials earned him that right...

      kungfupanda - 2011-05-24 12:47

      It's the ANC justice department, what do you expect? It's fine for all the alcaholics in the ANC to do whatever they want and get paid huge salaries while they do it, as long as they don't prosecute any of their own kind.

      Zizo Snr - 2011-05-24 12:50

      Only extremists should react that way. We have laws that clearly explains processes in this matters. The Media is also embroiled in cheap politicking which is very sad. Let us allow all enquiries in progress to end before we fuel allegations.

      michaelx - 2011-05-24 12:54


      Pigscanfly - 2011-05-24 13:05

      And the ANC wonders why their votes are waning

      karlkat - 2011-05-24 13:08

      He is one of the many who is not part f the solution but part of the problem...

      Warren - 2011-05-24 13:25

      Short & sweet... CRIME PAYS in SA!!!

      clark - 2011-05-24 13:32

      - How much longer are we expected to keep on paying our hard earned money to this corrupt, watseful, inept Anc bottomless pit ? Another R5.0m for this drunk over 4years , is simply unacceptable. It actually pay's government officials in this country to be guilty of misconduct and be put on special leave - and there are many such individuals accorded this wonderful privelege of getting full pay for years , without lifting a finger. What a circus.

      Airborne68 - 2011-05-24 13:33

      Zizo,please could you, for the benefit of us that don't know, explain the laws and processes which have taken 4 years already. Must be some really competent people applying these laws and processes.

      Luckybugger - 2011-05-24 13:33

      @Sheda, Shabir

      C S - 2011-05-24 13:39

      I know of NO job EVER that has 4 years PAID leave written into any contract of employment!!?? ANC are you NOT ashamed??

      Pencilgraffiti - 2011-05-24 13:39

      @ Zizo Snr - I agree but S.A. elite have quite the reputation when it comes to corruption within the rule of law. Also the fact that this judge has been paid R4.6 on a case he himself has appealed and extended, instead of just admitting guilt and paying the fine, means he is earning taxpayers money for wasting everyones time. R20k is not even a week's salary for him. The reason there's a media hype around this is not because of the crime but because of the lack of upholding the law, refusal to admit guilt and racial slur. - HE IS A JUDGE AND WE EXPECT BETTER. I thank the media for staying with the case

      Renny - 2011-05-24 13:40

      This must be the best thing that ever happened to the judge, drive drunk into someones wall & be rewarded with a couple of years off work while be fully remunerated. Eish!

      C S - 2011-05-24 13:41

      The sad thing is even if they fire him he would probably retire in that same salary and live happily ever after with a bottle Chivas Regal in each room of his house .....

      Mthetwa - 2011-05-24 13:45

      Gravy, gravy ... yum, yum .... give me more gravy. This train bypasses all the stations.

      wisegirl - 2011-05-24 13:53

      Sizo: there is no "cheap politicking" as you say, the media is only reporting the facts. What is your definition of "cheap politicking"? Your reply to saabnut is actually a good example of it. You spew the answers that are given by politicians who think we believe them. Only the poor uneducated masses are impressed with this, not the readers of this paper.

      Neo - 2011-05-24 15:21

      The sad thing is that most of those poor people that voted ANC will never come to hear about this. Being DEAD wood does not mean you are an ancestor already and need to be looked after!

      KnysnaSha - 2011-05-24 18:52

      And his salary increased in this time?!? A judge should be setting an example and should be more harshly dealt with.

      Tea party - 2011-05-29 05:07

      Has he been to jail?

  • saabnut - 2011-05-24 12:41

    Even if they do chuck him out, he has delayed the judicial system long enough to feather his nest with millions of our money. And they wonder why we are against the ANC- imposed system...

      clark - 2011-05-24 14:43

      - And they'll be 'puzzled 'when the tax revolt starts.

  • paulf - 2011-05-24 12:46

    What a Wonderful Country we Live In!!! Paid for no work over 4 years??? He should have been fired.

      saabnut - 2011-05-24 12:49

      I couldn't agree more paulf, but they won't do that. What if he spills the beans about all the cases that he has undoubtedly 'dismissed' tp protect his fellow cadres...

      FaxM8 Fax - 2011-05-24 13:22

      And shaik shouldive been in jail together with zuma . TIA

      Warren - 2011-05-24 13:38

      It is not in the ANC's best interest to get tough on crime, that would be like shooting themselves through the foot. Instead they would rather disband units like SANAB (maybe madame Sheryl knows why) & the Scorpions (maybe the whole ANC knows why). The worst is that this is our foreseeable future before the idiotic masses wake up & realise just how badly they are being ripped off. But hey, apparently I'm the one stealing from them.

      Mandasil - 2011-05-24 13:42

      No paulf, he should have got a few extra bonuses added to the amount, y not double it for good balance?

      50something - 2011-05-24 15:07

      ... and that with nice increases as well

      Kevin - 2011-05-24 18:31

      Only in South Africa. Look how quick the IMF got rid of there leader and he is supposed to be innocent until proven guilty.Our guys are to lazy

      Sizwe - 2011-05-24 20:02

      You do not arbitrarily fire people in any system. Why should he be fired with-out proper cause? Would it make sense for you to be fired for drunk driving while not on-duty? that is flawed thinking. he needs to sit before his peers as a judge and they should rightly administer the punishment they deem fit, if any. That is what a judicial system does, it ought not make politically popular decisions. @Warren. Labeling people idiotic because they differ with your view is arrogant and narrow minded...

  • DW - 2011-05-24 12:48

    This absolutely infuriates me. Why will the ANC not suspend these people WITHOUT pay pending the finalisation of their trial? You can always pay them out afterwards if they are found not guilty. That way, when they find continual reasons to postpone the trial, they wont be benefitting from our tax money. This makes me spitting mad.

      nic - 2011-05-24 13:02

      Because the ANC don't pay for this scum, we do. They don't give a damn. Look at the "slap on the wrist" Jackson Mthembu got for being almost 3 times the legal limit at 7:30 in the morning on the way to work, speeding down a bus lane. This is the kind of example these crooks set.

      tkotze - 2011-05-24 13:20

      I would say it would be little bit unfair if I was immediately put on unpaid leave or fired if somebody made a case against me, will be easy for people at work to get their bosses out of the business, or blackmail them - despite the fact that I hate it that all that money was wasted on someone clearly guilty, but what applies to him should apply to average person. I would have liked the following a bit more: 1. You get 1 years paid leave while suspended 2. After 1 year you will be put on unpaid leave while court case pending 3. If you have been found guilty all money received since you went on leave will have to be paid back, or collected by the sheriff. If innocent you will get the outstanding money while you were on unpaid leave. 4. If initial case proved guilt and less than 12 months you will immediately be suspended for unpaid leave if appeal was lodged. Would that not be fair for the innocents that are also covered by the same law?

  • Barry - 2011-05-24 12:49

    Only in South Africa Dit is lekker by die see.

  • nic - 2011-05-24 12:49

    its a f***ing disgrace. If anything he should be dealt with harsher than "average Joe" for this crime. If this was anywhere overseas he would have been fired on the spot and lost his pension.

      karlkat - 2011-05-24 14:19

      Hemel boet, ek weet hoe jy voel. How on fu.king earth can you build a country and relationships with an idiot like him in. He is suppose to be in position to judge people and decide on their future. It shows his mentallity...when he was pissed his character showed

  • tut - 2011-05-24 12:50

    Now if he were a white Judge and not affiliated to the African National Criminals old boys whiskey tasting Club.....?

      RobertKay - 2011-05-24 13:24

      He would have been out on his ear in no time. Probably get told to use the back door so no one can see him leave. The government has now sunk to it's lowest point ever - absoliutely disgraceful!

      NorvaS - 2011-05-24 14:16

      With all the comments, I can agree and disagree. I have but one thing to add. This is a Senior Judge. He is to uphold the law of this Democratic Country. Ye Right. The racist remarks carries no value. There is no more white racists, the tide has changed, wake up and smell the stink in the air. Since the new government came to be, they also want to ride this train. so let them and we can end up like Zimbabwe. That is what they want, to rule by dictatorship not democracy. Its going to get worse. The MP's are corrupt, some police are corrupt, some officials are corrupt. So get corrupt yourself and plead ruling party dictated...

      Sizwe - 2011-05-24 20:07

      We would not know about it, the owner of the property would have called a taxi for Oom and all would be forgotten.

  • DW - 2011-05-24 12:52

    4 years paid leave! Wow, can I work for the ANC government please? I really need a rest

      Barry - 2011-05-24 14:16

      Do you really want to work for them ?... and be branded for life by your community as a corrupt official ? .....Eissshhhh...... but then sounds quite tempting..... R 4.666736.00 I think I can take the risk

  • Koos - 2011-05-24 12:52

    yes and thanks to the anc... we paid him for this for being a drunk at home and using our taxes ''wisely''...... eerr zuma.... skrik wakker boet!

      Kevin - 2011-05-24 18:36

      What about also nailing the guy who fed him the alcohol? I bet he was also on the gravy train. I am also sure he could do with 4 years off.

  • Goose - 2011-05-24 12:53

    I think most of you miss the point completely. It is the big shot that heads the division that Motata works in that should be fired(and possibly even jailed) as this amounts to nothing short of criminal! In fact, the justice minister himself should be fired like a dog! We read that the courts are filthy dirty cesspools yet they can let a case drag on for 4 years(AND STILL COUNTING!!!) and throw 5 million down a black hole(PUN INTENDED)

      saabnut - 2011-05-24 13:01

      True- first he stuffed up the Department of Transport, and then the redeployment to the Justice Ministry...

      Sizwe - 2011-05-24 20:11

      @Goose. You clearly know very little of your Countries laws. A sitting judge can only be fired by a majority vote of parliament and the President's consent. All that can only take place after a formal complaint has been launched with the JSC.

  • Dave - 2011-05-24 12:54

    Should not be a surprise to anyone surely?

      nic - 2011-05-24 13:12

      sadly no. but I keep hoping things will change... only to be disappointed every time. Einstein quote comes to mind: insanity is doing the same thing over and over and expecting different results. So maybe you are right :)

  • CorbZA - 2011-05-24 12:54

    It means no worries, for the rest of his days! That's right... I went there...

  • anna - 2011-05-24 12:55

    Makes me sick to the core. Corrupt bastards!

  • spetsnazss - 2011-05-24 12:56

    That makes my blood boil when i have to work my ass of for peanuts !!!!1 FKER !!!!

  • Darkie - 2011-05-24 12:56

    News24 you are kidding right? Almost R 5 m for doing nothing.........

  • BigD - 2011-05-24 12:57

    The anc must look at this system. This is one of the reasons people are getting fed up with the anc.

  • Slapper - 2011-05-24 12:58

    Absolutely disgraceful. He should pay every cent back. Why are these clowns so well protected? No wonder we are being nailed in Tax, Toll, Electricity and other price rises. This clown should be sewing Mailbags in Jail, not sitting on his drunken bum making a fortune out of us.

  • DeonL - 2011-05-24 12:58

    This is a disgrace, who has 4 years leave availble in 1 stretch?

  • Big-D - 2011-05-24 12:58

    Never mind the injustices of the whole episode. His salary increased by 87% between 2007 and 2010 - 29% per annum???? What would the workers say who have to be hapopy with 5% p.a?

      saabnut - 2011-05-24 14:00

      What's more to the point is who actually gives a damn about the workers??? Not the ANC methinks...

  • Rob van den Heuvel - 2011-05-24 12:58

    This is wrong on so many levels! We need to fix these 'loop holes' else we will fail as a country. This makes a mockery of law abiding citizens.

  • Marcell - 2011-05-24 12:58

    I'm very happy that I'm not paying a cent towards this clown for the past year. Viva corruption Viva ancESTORS!?

  • Esperanza - 2011-05-24 13:01

    Had a good laugh now, only in SA can you be on special leave for four years and draw a salary of almost R5 million

  • derkus - 2011-05-24 13:02

    what a crock of s#*t

  • Gorilla - 2011-05-24 13:03

    Alcoholics not so anonymous.

  • The All Seeing Eye - 2011-05-24 13:03

    @Michaelx Really ? Read the most of these stories that put the ANC in bad light don't appear there. THe people who should know about this don't.

  • Felix - 2011-05-24 13:07


  • Frans - 2011-05-24 13:07

    The fact that he was paid while suspended is not the issue - that is part of the standard conditions of employment. The disgusting thing is that he was allowed to drag out a simple drunk driving case for 4 years...

      Mandasil - 2011-05-24 13:54

      Well its not surprising Frans.VisserDSB, I am trying to obtain the telephone number for the parks dept. in my area of Durban. Ethekwini Municipality keep giving me different numbers, and these numbers I call give me other numbers. I now have no less than 10 numbers and none of them are the correct dept. One civil servant did not know where Malvern was and asked her rather rowdy collegues across the room, and they gave me the number for the Umhlanga area . . .50km away!!! Are u at all surprised . . i'm just pi$$ed off!!

  • StoneKnows - 2011-05-24 13:09

    If a judge retires, the state is due to pay him his salary for the rest of his life and should he die his wife to continue receiving the payments. These payments are increased every where whether is an inflationery increase or we dont know. But a judge always gets paid. same as Presidents and deputity presidents

      DeonL - 2011-05-24 13:25

      He should now be fired by his peers.

  • Raka13 - 2011-05-24 13:11

    I don't want to pay Tax for the next 4 years. After 4 years I will pay tax again, but 87% less than what I pay now

  • Stu - 2011-05-24 13:12

    Normally one acrues a certain number of leave days for every cycle worked. I wonder if the drunk judge Motata (convicted in 2009) accrued any leave for the period within his leave cycle that he will be allowed to take when he is sent back to work to sentence us for minor infringements of the laws that obv do not apply to him...

  • vtowntekkie - 2011-05-24 13:14

    Just J.A.C.K'S!!

  • mannymia - 2011-05-24 13:14

    Hey All, I just have 1 Question? How many Houses could this money have built?

  • gav.cowell - 2011-05-24 13:14

    How do we taxpayers continue to stand for this despicable bullshit!!

      Mandasil - 2011-05-24 13:55

      Boycott taxes, pay VAT but not income tax

      Mandasil - 2011-05-24 13:57

      VAT is a part of life we have to live. Lets give them less to be able to steal, surely they cannot throw all 49m of us in jail??

  • YES - 2011-05-24 13:14

    Motata is being haunted for a remark he made against whites and which propves to be his Archilles Heels. otherwise we wouild not be hearing all these if he was a "Ja baas", many of whom are on the Bench and other facets of our lives. The way liberal press and whites have made a meal out of Motata J, is as if the man is heathen or a murderer when in fact, whites as a group are complicit to both economic ands social ills of black people in this country yet no one raises an issue about it. Like Biko once said, white people have a tendency to kick you hard in the mouth and tell you how to react to that kick. this is exactly, what whites (through the media and their organisations) are applying on us to this day. To all whites, I declare hands off Motata. He is one of our own and needs to be defended.

      JustinD - 2011-05-24 13:23

      Fuck you and your bunny boy Motata. I suppose you are also hoping that Jub Jub gets off free.....asshole!!

      nic - 2011-05-24 13:28

      where do you get that sh1t you are smoking? he took an oath to upkeep the law and broke it. He is suppose to set an example and this is how he behaves? Not working for 4 years and getting payed that much is nothing but steeling

      GH - 2011-05-24 13:30

      Sho bru, have another dop. Let me think about that for another few years..

      Serias - 2011-05-24 13:31

      Go back to the sandpit you stupid worm........shit, thats an insult to a worm!

      scotty scotty - 2011-05-24 13:35

      Its deeper than that, his denial and dishonesty post this incident enforces the view that he is not fit to be a judge.

      saabnut - 2011-05-24 14:03

      You declare!!! What a joke- go and eat some beetroot and wait for the ancestors to smile, *%&^head!

      Wayne - 2011-05-24 14:07

      You only have yourself to blame you useless piece of ....

      Barry - 2011-05-24 14:19

      This sounds like ancblackangel under another name

      Pierre - 2011-05-24 15:53

      Yes, Yes you are a racist. Look at your white kicking the blacks remark. I will not swear but if we did not kick you, you will not lift your butt to do one second honest work. Now that we can't kick you, you simply steal and protect your corrupt positions in order to try and score more... Mother always says: "the wheel is turning". Watch this column...

      Kenno - 2011-05-24 16:01

      @yes. Are you insane? He broke the law!!! Black , white whatever, he broke the f*&&*king law!! What part dont you understand, you idiot!

      Kevin - 2011-05-24 18:41

      So its OK to be a judge and behave like jub jub. This is exactly why the anc should not govern. They cannot understand that when you are spending the taxpayers money every cent must be legitimate . Elected officials are civil servants and if you steal 1 cent ,you steal from 50 million as must in evey instance pay the price.

      Sizwe - 2011-05-24 20:18

      Some truth's are hard to digest YES, but they are truth's none-the-less....

  • Jim - 2011-05-24 13:15

    Most people oviously don't have a problem with this sort of thing. They voted for them didn't they?

  • Sheda Hab - 2011-05-24 13:20

    HOW MANY COLOURED, WHITE or INDIAN CITIZENS have received this type of special treatment. All I ever read about are privilieged black guys. I need to know because I have to make a personal choice whether or not to a) join some Freedom Fighter Group, b) stop reading news reports or c)go overseas and start looking for support against this Racist Regime we live in.

      Kenno - 2011-05-24 16:02

      Lets start with Robert Mc Bride.....the murderer!

      Sizwe - 2011-05-24 20:19

      Karl Niehaus, Schabir, kippy & Mo Shaik.

  • Craig Ronnenbergh - 2011-05-24 13:22

    Absolute JOKE!!!! I actually envy him! drink and driving conviction, not working and that salary. WOW!!!! Just shows what a joke this country is turning into. But please carry on voting for those clowns to govern our country

  • Jean - 2011-05-24 13:23

    Sounds about right. As to be expected from the ANC and their apointed hate mongerers !!

  • bill - 2011-05-24 13:24

    It pays to be a black criminal .

  • DRG - 2011-05-24 13:26

    he should have set the example , no wonder our judicial system is @$%$#

  • Serias - 2011-05-24 13:26

    Funny, I only get 26 days paid leave a year, but then again, I'm white and honest!

      Achmed - 2011-05-24 13:42

      The colour does not matter. If you just said honest I would have agreed with you. However you decided to bring race into it so I have no sympathy for you. Suffer baby suffer. I only get 15 days per annum, any more is unpaid. So to get 4years paid leave I first had to work about 67 years and not have taken a day off in that period. Silence!!! I ---- you (after I become a judge).

      Serias - 2011-05-24 13:46

      @Achmed......jeez I feel terrible........NOT!

  • gcr - 2011-05-24 13:28

    So long as Radebe is around he will corrupt and destroy any ministry he is put in charge of. Think back to his Arrive Alive campaigns and we have him to thank for an absolutely useless AARTO system and rtoad networks falling apart. Useless individual if ever I saw one

  • Lioness - 2011-05-24 13:29

    I am soooo sick and tired of our HARD worked for tax money gets paid to bloody people who sit around and do nothing. When is this going to end?? Oh wait... never because mediocre work and service levels and criminal activity are acceptable by the majority of this country... why else vote ANC again?

  • DandyLion - 2011-05-24 13:30

    And Sheryl Cwele has the same benefit...Despite being found guilty in a court of law, she still holds her position and is still receiving a salary whilst being on "special leave" Give the money back, jalihouse biatches" You stealing from the elderly and children!

      Rob van den Heuvel - 2011-05-24 13:35

      and these are the very people who claim there are insufficient funds for service delivery, we need to increase taxes, tolls and the likes. The middle -class, law abiding, tax paying citizen in nearing the end of their tether - yes, we might have had a peaceful local election but for how much longer can this mockery go on?

  • mannymia - 2011-05-24 13:31

    Have to wonder how many Houses this could have built for the poor?

      horsehair - 2011-05-24 13:48

      137.14 houses @ R354000-00 per house, but if it was in ANC territory with their tender buddies not delivering maybe 10 or 15

      horsehair - 2011-05-24 13:49

      Sorry that's R35000-00 per house

      Sizwe - 2011-05-24 20:23

      @Horsehair. When was the last time you bought a house for R35000?? That's Just the paving...

  • Foofaraw - 2011-05-24 13:31

    This is a perfect example of innocent even if proven guilty! These are the people who should uphold the Justice in this country, appalling!

  • Leeb123 - 2011-05-24 13:33

    DISGUSTING - while the people who are voting for you are living in filth. HAVE YOU NO SHAME???

      Mandasil - 2011-05-24 14:02

      Its good that they are living in filth, they are the fools that believe the ANC will give them a better life. Let them continue believing and remain in filth.

  • ben petzer - 2011-05-24 13:34

    What else do you expect from a bunch of idiots supposedly running the country.

  • Hintsa - 2011-05-24 13:44

    I agree with you guyz our tax money should go towards service delivery not to pay a judge who is not working…but what annoys me mostly is you guys. When the judicial systems favors a white who in charged with murder and claims to have mistaken a human being for a baboon then that is the judicial system of SA, when the law favors a blackman then that is the Judicial System of the ANC…There is a treason trial of Afrikaaners that has been going for more than 8 years I do not hear you, the Afri Forum or the DA saying anything…You are waiting for the Independent Judicial System to take its course???Why is Afri Forum not taking these fools to the Equality Court…why are you letting these fools damage the image of the country you are famously claiming to re-build OR Afri Forum solely exists to protect the Integrity of White South Africans NOT All those who Live in IT????

      Bunty - 2011-05-30 13:02

      "There is a treason trial of Afrikaaners that has been going for more than 8 years." True Hintsa, those bastards are locked up WITHOUT PAY nogal.

  • Mthetwa - 2011-05-24 13:44

    Gravy, gravy ... yum, yum .... give me more gravy. This train bypasses all the stations.