WeeklySA_AdminBLEAK: The impeachment stems from a drunk driving incident in which he drove into a homeowner’s wall
By Lehlohonolo Lehana
The Constitutional Court has dismissed an application by former judge Nkola Motata for direct access to set aside his impeachment.
The order was made by Chief Justice Mandisa Maya and nine other justices. The Constitutional Court, however, did not delve into the merits of his application or comment on it, as it decided not to entertain his application for direct access to it.
Motata approached the ConCourt in March 2024, requesting the court to set aside the National Assembly’s decision to have him removed. He argued that the National Assembly lacked the jurisdiction to have him removed, and said the decision was motivated by “misinformation”.
He also claimed he was a victim of double jeopardy and was being punished twice for the same crime — first when he was fined for misconduct and the second time when Parliament removed him as a judge.
“I was punished by paying the hefty fine out of my pension payout. I may not be able to recover the sum from the JSC [Judicial Service Commission] or South African Judicial Education Institute, yet I would still be removed from office as a punishment.
The double jeopardy rule was introduced to prevent such an unjust eventuality.” Motata was impeached on February 21, 2024 along with former Western Cape Judge President John Hlophe, who now serves as a member of Parliament for the MK party.
The impeachment stemmed from a 2007 drunk driving incident in which he drove into a wall and subsequently made several disparaging comments to the homeowner, Richard Baird. He was tried criminally, convicted of drunk driving and fined R20,000.
After the incident became public, lobby group AfriForum lodged a complaint with the JSC accusing Motata of gross misconduct for comments he made at the scene of the crash, some of which were recorded on tape.
In 2019, the JSC found Motata guilty of gross misconduct, and not misconduct, and ordered him to pay a fine of R1,152,650.40. The money went to the SA Judicial Education Institute.
That was not the end of the matter as the JSC’s decision was challenged in court because it went against the recommendation of a Judicial Conduct Tribunal that found that Motata was guilty of gross misconduct, which is a dismissable offence in terms of the Constitution.
In 2023, the SCA noted that Motata never apologised for his conduct and the JSC should have considered the impact his remaining in office would have on public confidence in the judiciary.
Motata retired from active office in 2017 and had he not been impeached, he would have continued to collect judicial benefits, including a salary for life.
