The FF Plus welcomes the Supreme Court’s reprimand of the Judicial Service Commission (JSC) for its ruling on the misconduct committed by Judge Nkola Motata.
The JSC had found Motata (now retired) guilty of misconduct after the Judge crashed his car through a wall while driving under the influence of alcohol in 2007.
The Court, however, found that Motata’s behaviour justified a much stricter sanction, and that his behaviour had, in fact, come down to gross misconduct.
Appeals Judge Visvanthan Ponnan indicated in a majority ruling by the Court that both the Johannesburg High Court and the JSC were wrong not to impeach Motata. He was merely given a fine of R1,5 million and the case was referred back to the JSC.
The alleged racist and sexist remarks that Motata reportedly made at the scene after the incident were not considered. He also failed to offer an apology for it.
The Court and the JSC’s poor handling of the Motata case is eroding the public’s faith in the judiciary.
The FF Plus will call Parliament and its oversight institutions to account for the incompetent handling of judges’ serious transgressions.
Die gesloer met die saak teen regter John Hlophe, geskorste regterpresident van die Wes-Kaap, is nog ʼn voorbeeld.The delays in the case against Judge John Hlophe, suspended Judge President of the Western Cape, is another example.
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