Judicial Conduct Committee meets over complaints against Judge Motata
The Judicial Conduct Committee (JCC) will meet in the Constitutional Court in Johannesburg to discuss AfriForum's charge of gross racial misconduct against Judge Nkola Motata.
The JCC invited AfriForum to address the meeting on Saturday and to make a submission in writing to the JCC concerning Motata's conduct. The JCC will consider whether the case needs to be referred to the Judicial Conduct Tribunal to investigate disciplinary action against Motata and to make recommendations concerning possible action against him. AfriForum appointed a senior advocate, Dr Gerrit Muller, to do the presentation on behalf of the civil rights organisation. The meeting starts at 10:00.
AfriForum's complaint is related to the racist remarks against whites apparently made by Motata after he had crashed his car into the wall of a home in January 2007, while being under the influence of alcohol. An audio recording of the events was played in the Johannesburg Magistrate Court during the drunk-driving case against Motata. The audio recording revealed that Motata made crass racist remarks regarding 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. Motata also threatened the Johannesburg Metro Police member who arrested him and said, "You will be very sorry."
According to Kallie Kriel, CEO of AfriForum, a judge should be able to act in the interest of all communities without any prejudice. "Any judge who makes himself guilty of racist conduct, as Motata seems to have done according to the audio recording, has no right to be a judge," Kriel said.
In Kriel's opinion, a judge like Motata violates the public's confidence in the legal system. In terms of Section 177 of the Constitution, the President has to remove a judge permanently from his position if the JCC finds such a judge guilty of gross misconduct and the National Assembly thereafter accepts a resolution to remove the judge with a two-third majority.
Statement issued by Kallie Kriel, CEO: AfriForum, May 12 2011
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