Judge Nkola John Motata now has to report officially to the Judicial Service Commission (JSC) regarding a complaint of gross racist misconduct made against him to the JSC by AfriForum recently. 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 allegedly being under the influence of alcohol.

According to Kallie Kriel, CEO of AfriForum, his organisation has just been informed in writing by the JSC that a copy of AfriForum's complaint has been sent to Judge President Bernard Ngoepe, with the official request that Judge Motata has to respond to the allegations. Kriel indicated that AfriForum regards this incident in a serious light and therefore welcomes the fact that the JSC is already working on the case within days from AfriForum submitting the complaint.

AfriForum's complaint to the JSC follows after an audio recording played as evidence in Motata's drunken-driving case in the Johannesburg Magistrate's Court has brought to light that Motata made crass racist remarks regarding whites after the crash. Motata amongst other things 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, even if they can have more land ... South Africa is ours, we are ruling South Africa." Motata also allegedly said to members of the Johannesburg Metro Police who tried to calm him that they should not support the white man.

In AfriForum's complaint, the JSC is asked to initiate a process in terms of Article 177 of the Constitution to remove Judge Motata permanently from his position as judge because of gross racist misconduct. This process inter alia involves that a comprehensive investigation should be launched by the JSC into the alleged racist remarks made by Judge Motata and that the JSC should make a recommendation to the President of South Africa in terms of Article 177(3) of the Constitution to suspend Judge Motata with immediate effect without salary, subject to the outcome of the investigation. In terms of Article 177 of the Constitution, the President has to remove a judge permanently from his position if the JSC 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.

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 according to the audio recording seems to have done, in Kriel's opinion has no right to be a judge. "A judge like Motata violates the public's confidence in the legal system," Kriel said.

After receiving Motata's reply from the JSC, AfriForum will have the opportunity to respond to it.

Statement issued by Kallie Kriel, CEO of AfriForum, July 15 2008