SCA judgment rules JSC must refer Judge Nkola Motata to Parliament for 'gross misconduct' | News24

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.

The SCA, by majority, proposed the case should be remitted to the Judicial Service Commission for it to "submit the finding that Judge Motata is guilty of gross misconduct to the Speaker of the National Assembly". 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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