Racism and Judge Nkola Motata

Afriforum lodges racism complaint against Motata

May 12, 2111

 The Judicial Conduct Committee (JCC) is expected to hear a racism complaint against Judge Nkola Motata, lodged by AfriForum, on Saturday. 

"The JCC invited AfriForum to address the meeting on Saturday and to make a submission in writing to the JCC concerning Motata's conduct," AfriForum CEO Kallie Kriel said on Thursday.

The complaint is related to remarks Motata made after he crashed his car into a wall in Johannesburg while drunk. 

AfriForum said that an audio recording of the events was played in the Johannesburg Magistrate's Court during his trial and that he had made racist remarks against whites after the crash. 

"Among other things, Motata said with reference to Mr Richard Baird, owner of the house where the crash happened: 'No Boer is going to undermine me. This used to be the white man's land, but it isn't anymore.' 

"Motata also allegedly told members of the Johannesburg metro police who tried to calm him that they should not support the white man," said Kriel. 

They believe that Motata's conduct violates the public's confidence in the legal system. 

If Motata is found guilty of gross misconduct he has to be removed, by the president and by a two thirds majority vote in the National Assembly. 

The judge crashed his car into the perimeter wall of a house in Hurlingham, north of Johannesburg, in 2007. 

In November the High Court in Johannesburg turned down his application for leave to appeal the conviction and sentence for drunk driving. 

He was fined R20,000 or one year in jail. 

He was placed on special leave for the trial, and it was not immediately clear on Thursday if he was back at work and whether he had petitioned the Supreme Court of Appeal directly for leave to appeal. 

AfriForum also took ANC Youth League president Julius Malema to the Equality Court on a hate speech charge for singing lyrics that translate as "Shoot the Boer".

That case continues.

 http://www.timeslive.co.za/local/article1064506.ece/Afriforum-lodges-racism-complaint-against-Motata

Motata gets R5m for Sitting at Home

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. 

http://www.iol.co.za/news/crime-courts/motata-gets-r5m-for-sitting-at-home-1.1072930

Racism and Judge Nkola Motata

Afriforum lodges racism complaint against Motata

May 12, 2111

 The Judicial Conduct Committee (JCC) is expected to hear a racism complaint against Judge Nkola Motata, lodged by AfriForum, on Saturday. 

"The JCC invited AfriForum to address the meeting on Saturday and to make a submission in writing to the JCC concerning Motata's conduct," AfriForum CEO Kallie Kriel said on Thursday.

The complaint is related to remarks Motata made after he crashed his car into a wall in Johannesburg while drunk. 

AfriForum said that an audio recording of the events was played in the Johannesburg Magistrate's Court during his trial and that he had made racist remarks against whites after the crash. 

"Among other things, Motata said with reference to Mr Richard Baird, owner of the house where the crash happened: 'No Boer is going to undermine me. This used to be the white man's land, but it isn't anymore.' 

"Motata also allegedly told members of the Johannesburg metro police who tried to calm him that they should not support the white man," said Kriel. 

They believe that Motata's conduct violates the public's confidence in the legal system. 

If Motata is found guilty of gross misconduct he has to be removed, by the president and by a two thirds majority vote in the National Assembly. 

The judge crashed his car into the perimeter wall of a house in Hurlingham, north of Johannesburg, in 2007. 

In November the High Court in Johannesburg turned down his application for leave to appeal the conviction and sentence for drunk driving. 

He was fined R20,000 or one year in jail. 

He was placed on special leave for the trial, and it was not immediately clear on Thursday if he was back at work and whether he had petitioned the Supreme Court of Appeal directly for leave to appeal. 

AfriForum also took ANC Youth League president Julius Malema to the Equality Court on a hate speech charge for singing lyrics that translate as "Shoot the Boer".

That case continues.

 http://www.timeslive.co.za/local/article1064506.ece/Afriforum-lodges-racism-complaint-against-Motata

Judge Nkola Motata

September 09 2009 

South African Judge Nkola Motata has been sentenced to 12 months imprisonment with the option of a R20 000 fine following his conviction for drunken driving by the Johannesburg magistrate's court.

Arguments in mitigation and aggravation of sentence were completed this morning. Motata's defence counsel earlier asked the court for Motata's sentence to be wholly suspended. The State has argued that the fine could be as hefty as R120 000 or six years imprisonment. It says a wholly suspended sentence would be inappropriate and are asking for a R10 000 fine. Motata's driver's licence could also be suspended for six months.

The Judicial Service Commission (JSC) recently indicated that it will deal with the matter of Judge Nkola Motata at its meeting next month. JSC chairperson, Advocate Marumo Moerane, confirmed that there are complaints against Motata which have been pending before the JSC for some time awaiting the finalisation of the criminal case.

The High Court judge crashed his Jaguar into the wall of a residential property in Sandton in January 2007. Judge Nkola Motata's defence team has applied for leave to appeal his conviction and sentence in the Johannesburg Magistrate's Court.

http://www.sabcnews.com/portal/site/SABCNews/menuitem.5c4f8fe7ee929f602ea12ea1674daeb9/?vgnextoid=251627b1fae93210VgnVCM10000077d4ea9bRCRD&vgnextfmt=default