Pretoria - Judge Nkola Motata, who has been on fully paid special leave since his drunken driving incident in 2007, is yet again turning to court - this time to try and avoid possible impeachment.
The judge made headlines when he more than nine years ago plunged his gold Jaguar through the wall of a Hurlingham, Johannesburg home.
Witnesses on the scene reported that he was drunk at the time and the court subsequently convicted him of driving while under the influence. He was given a fine of R20 000.
Read: Motata may have made R13m in 10 years
But his words, allegedly uttered on the scene, is now the subject of an investigation, which if he is found to be guilty, could lead to his impeachment. He allegedly said: “No boer is going to undermine me; this used to be the with man’s land but it is not anymore.”
A senior Johannesburg advocate as well as AfriForum laid complaints of alleged misconduct against him with the Judicial Services Commission (JSC). The JSC regarded the complaints serious enough to compile a tribunal to investigate it.
Judge Motata was told that if he was to be found guilty, he could be impeached (removed from office).
He was informed in February 2013 that the Chief Justice has appointed a tribunal to investigate the complaints.
But Judge Motata now filed papers with the Gauteng High Court Pretoria, in which he is challenging several sections of the Judicial Service Act. He said these provisions are unconstitutional, especially regarding the manner in which the tribunal was composed.
He is also challenging Parliament’s interference in the matter, which he claimed undermined the independence of the judiciary.
The Office of Chief Justice Mogoeng Mogoeng meanwhile confirmed to Independent Media that Judge Motata is on special leave, with full pay.
Independent Media