May 24 2011
Justice Minister Jeff Radebe says he is of the  “firm view” that Judge Nkola Motata should remain on special leave with  full pay until the Judicial Service Commission (JSC) has concluded its  investigation into allegations of gross misconduct levelled against him,  even though the judge has now been booked off for four years. 
Judge Nkola Motata has been on leave with full pay for four years. 
Radebe’s comments come as a  sub-committee and the investigative arm of the JSC, the judicial conduct  committee, on Friday ruled that the complaint against Motata lodged by  rights group AfriForum warranted being dealt with by a judicial  tribunal, to be appointed by Chief Justice Sandile Ngcobo. 
Motata, found guilty in 2009 by  the Johannesburg Magistrate’s Court of driving under the influence, has  been on special leave with full pay since May 2007. In 2006 a judge  earned about R60 000 a month. 
“I am of the firm view that Judge  Motata should continue to be on special leave until the JSC has  concluded its investigation of the complaint brought against him,” said  Radebe in a parliamentary written response to questions posed by Cope MP  Dirk Feldman. 
Radebe said he was in agreement  with the decision of his predecessor, Brigitte Mabandla, to grant the  judge  leave pending the finalisation of his hearing on a charge of  drunk driving and that his leave should be extended. 
The case dates to early 2007 when  Motata crashed his Jaguar into the wall of Richard Baird’s house in  Hurlingham, Johannesburg. He was found guilty of driving under the  influence in November 2010. 
“Subsequent  to his conviction and sentence in November 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 unsuccessfully appealed his conviction in the Johannesburg High Court that month.  
On Friday, JSC spokesman advocate  Dumisa Ntsebeza said the conduct committee had found that AfriForum had a  prima facie case of gross misconduct against the judge for allegedly  racist remarks made against white people on the night of the car crash. 
Three separate complaints,  including that by AfriForum, a second by the Catholic Commission for  Justice and Peace and the third by advocate Gert Pretorius in his  personal capacity, had been lodged with the commission, he said.  Following a sitting of the committee on May 14 it had recommended to the  JSC that the case should rightfully be heard by a judicial tribunal. 
The recommendation would be tabled  with the JSC at its next sitting in October. The JSC would then request  that Justice Ngcobo select members for the tribunal and set up the time  frame, said Ntsebeza. 
Asked when the JSC expected the  matter to be finalised, Ntsebeza said: “I don’t know, the wheels of  justice grind slowly. I don’t know if it’s urgent, but it is important.” 
The decision to extend Motata’s special leave fell squarely with the Department of Justice, said Ntsebeza. 
Justice spokesman Tlali Tlali said: “You cannot interfere with remuneration of someone who is on leave – he’s on paid leave.” 
Feldman, who put the questions to  Radebe, said he was “deeply concerned” that Motata’s leave had been  extended. He called on the JSC to “set an example” and “draw the line”  with Motata’s case and called on the judge to “immediately resign”. 
DA Parliamentary leader  Athol Trollip said while he respected that legal process be allowed to  take its course, it was a “worrisome phenomenon” that public servants  who were paid out of the public purse were allowed to receive a salary  month after month for interminable periods. 
“They cost taxpayers a king’s ransom for nothing in return. The processes must be sped up,” he said. 
 






 
 
I agree with Athol Trollip.This is like a mere circus because all what is happeniung is that the Judge and the JSC is delaying. Come next year when this is still in process it will be time for retirement for the judge and surpise surprise a resignation will come and dont forgot trhe huge benefits that goes with retirement. In my opinion i think this should be treated as a matter of urgency.The cost will still be cheaper than waiting another year by paying his salary with no contribution to the country. Wake up Guys if you want our country to progress start reacting and setting examples.
ReplyDeletevery concerned member of society.