THERE is no longer any doubt that Judge Nkola Motata was drunk when he crashed his Jaguar into a suburban garden fence.
Magistrate Desmond Nair pointed out that a reasonable person would have got out of his car to inspect the damage after such an accident.
But, said Nair, Motata “sat in the car instead of alighting from the vehicle to inspect the damage, sat slouched and slumped, appearing to be sleeping and slumbering”.
Then there were the audio recordings published first on our website in which Motata’s speech was slurred.
Said Nair: “If a picture told a thousand words, the audio recordings told ten thousand words.”
Motata’s conviction would automatically disqualify him from serving on the bench in any society with a properly functioning criminal justice system.
But are we such a country?
Last week, the Judicial Service Commission found that Judge John Hlophe’s conversations with fellow judges about a case in which he said the accused was being victimised were not worthy of an inquiry.
This despite a complaint laid at the JSC by the Constitutional Court, whose bona fides cannot be questioned.
Now the JSC has to deal with the Motata case. If the Hlophe matter was complicated, the Motata matter is simple.
He has been found guilty of the criminal offence of driving drunk. The fact of his criminal record alone should be sufficient to remove his robes.
But, more than that, he has shown appalling judgement, has lied under oath by claiming saying that he had only been drinking tea and has exhibited all the qualities of someone who belongs in the dock rather than on the bench.
The JSC must act with haste to restore the dignity of the bench.
Related posts:
First will come the series of appeals and then a trip to the constitutional court and even if, after all that, the drunk driving conviction stands, a pardon for the “good” judge by the President (following the pardon for Mr Shaik that is).
I am afraid that Motata will see his ar.se because his usefulness to the ANC regime is not strong enough. He will be convicted because he is guilty but also because it is expedient for the ANC to show how keen they are to bolster the pitiful reputation of the judiciary.
@eli Interesting observation. So what is it that makes one cadre more usefull than another ? Is it blind loyalty, the ability to bring in votes ? It certainty doen’t appear to be competency.
I thought ypur surname is Huntley who emigrated to Canada. Are you close to you seem to be agaisnt blacks too! Make it swift they might take long to process your visa in Canada I bet all whites are going there now!
If the man is convicted of a criminal offense, his skin color does not change that fact and therefor he should be treated as any other person who was convicted of such an offense.
The fact that he is a judge just means that punishment should be harsher if he is convicted as it is his sworn duty to uphold the law he allegedly broke. The same goes for policemen involved in criminal activities.
Jamakekhona, this is my country as much as it is any other African’s country and nothing will make me move, don’t generalize …. unless you are a big fan of Malema
@Graeme:In response to your question as to what makes one cadre more useful than another … the case of Slippery Schlope gives you a clue.
He will be fined or sentenced which is a penalty good enough. What more should he get. life must go on after this he must get back to work, earn a salary & be ble to feed his family like any other person who has paid for his wrong by paying the fine.
He should continue with his work after all.
This should be the case for any body irrespective of their skin colour.
@Dustin… I agree, race is not an issue and I agree that the punishment should be appropriate. I agree also that the man deserves to put the issue behind him and have the opportunity to look after his family. I guess my concern is whether he is fit to be a judge. His judgement on his own issues and how those were handled was suspect. So a fine and back to work is good with me, but not as a judge.
If a judge lies under oath, how can he be considered ethical and trustworthy? Motata must be booted out of the judiciary. I am sure that he will be able to find a job in one of the thousands of gravy train positions available to people of his ilk. Remember dishonour appears to have become some kind of rite of passage in our modern day politics. This is why people struggled and gave their lives ….so that some can be more free than others.
Precisely Eli. It is worse that he lied under oath, as a judge, that the actual offense of driving drunk.
We will see what happens to Motata.
Aikona Motata
(from Poomba of the Lion King).
I don’t think Judge Motata ever perjured himself. He may have lied to the media about drinking tea, but he never got into the witness box for this very reason, as had he done so he would have had to deny that he was drunk, and that would have been perjury. He has been convicted of drunken driving, and as serious as that is, it is not as bad as perjury. Ray, if the Judge finds out you stated that he committed perjury, he will probably sue you for defamation. I think a good story would be of how badly Mr Baird was treated through all of this, and that the clear message is that a private citizen should turn a blind eye to crime, as if they report a crime they can get hauled into court for 2 years and accused of being a racist liar and virtually put out of business if they happen to run their own business. Who in their right mind would want to go through what Mr Baird was put through? What does he get out of all this? I believe that he has yet to be compensated for his wall etc. If a drunk judge or other high profile person crashes into my wall tomorrow, I definately will not call the cops and have to go through what Baird was put through. Well done Adv Dorfling for ensuring that no self employed businessman will ever report a crime that will involve him having to appear in court to be cross examined for nearly a month and have his personal life under srutiny as if he is the criminal on trial. i think is was criminal for Mr Baird to be accused of being a racist, having regard to the damage that can cause to a white person in RSA. Mr Baird was nothing but polite to the judge if you listen to the recordings, and Mr Baird is clearly not a racist but a highly honourable man who did the right thing, but has suffered a great deal for doing so. There’s the real story in all of this.
This judge is clearly not setting a good role model for people in society.
He should be treated like anyone else, if you do something wrong you should face the consequences!
Even if you are a Judge
The perjury thing has been struck through on the original post … :3)
See The Truth
September 2, 2009 at 5:27 pm“The JSC must act with haste to restore the dignity of the bench.”
Really? There is no dignity left to restore. South Africa’s judicial system is farcical, with far too many incidents that could be related showing how there are differing sets of rules for some. Does this remind anyone of anything?
And who would like to place a bet that there will be some kind of screaming that this is racial discrimination, and not the fault of a judge who has now been convicted of a criminal charge?