Tribunal: Judge Motata must be axed

The Judicial Conduct Tribunal (JCT) investigating retired judge Nkola Motata has ruled that he made himself guilty of racist misconduct during an incident in January 2007.

The JCT – which was appointed by the Judicial Service Commission to investigate various charges that were at that time brought against Motata by AfriForum and Advocate GC Pretorius SC – also recommended that the commission starts the process to fire Motata as a judge.

Motata made headlines when he drove his car into a wall in Hurlingham in Johannesburg in 2007. He was recorded making racial slurs after the incident by the owner of the house, Richard Baird.

Motata was found guilty of drunk driving and was fined R20 000.

The JCT also found that Motata displayed a lack of integrity in the way in which he allowed his legal team during the drunken driving court case against him to argue that he wasn’t under the influence of alcohol, while he was indeed under the influence.

In a statement yesterday, Kallie Kriel, CEO of AfriForum, said the finding is not only a victory forhis organisation, but for everyone who believes that prominent figures in society cannot be allowed to get away with racist remarks simply because of their position.

Should the Judicial Service Commission accept the JCT’s recommendation and start the process to fire Motata, it will be the first time that a judge is removed from his post due to misconduct, said Kriel.

According to Kriel, the JCT’s finding could ultimately be a test for parliament. Should the commisiion decide to act against Motata, the matter will be referred to parliament, which will need to decide with a two-thirds majority whether to ultimately fire Motata.

“Members of Parliament will thus also be tested regarding whether they find anti-white racism acceptable,” said Kriel.