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Judge Nkola Motata to be impeached, as SCA rules JSC must reconsider his case | News24

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For as long as retired judge Nkola Motata is entitled to be called 'Judge Motata', the judiciary continues to be stained in the eyes of the public, the Supreme Court of Appeal said in its ruling on Thursday. | iavanpijoos

The Supreme Court of Appeal has ruled the Judicial Service Commission was wrong to find retired judge Nkola Motata guilty of misconduct instead of gross misconduct.It also ruled the JSC should reconsider the recommendation of the Judicial Conduct Tribunal, including other available material, afresh, ensuring reasons support every ruling made.

Freedom Under Law , a public interest organisation founded by retired judge Johann Kriegler, approached the SCA to rule Motata should be found guilty of gross misconduct instead of misconduct.In 2009, the Gauteng High Court in Johannesburg convicted Motata of driving under the influence and sentenced him to a fine of R20 000 or 12 months' imprisonment.

Racism is also inconsistent with the Judicial Code of Conduct. Racism of a judge additionally breaches the principle of judicial independence because it undermines public confidence in the judiciary. "Like the JSC, the High Court failed to consider the impact of Judge Motata's conduct on the public confidence in the independence, impartiality and integrity of the judiciary.

"Whether an apology would have been sufficient to restore public confidence need not detain us, because none was proffered by him.

 

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