By Lehlohonolo Lehana.
Chief justice Raymond Zondo has referred a finding of gross misconduct against judge Nkola Motata to the speaker of parliament Nosiviwe Mapisa-Nqakula.
The finding was made by the Judicial Conduct Tribunal, which recommended the invocation of section 177(1)(a) of the constitution for potential removal.
The findings will be presented before the Justice and Correctional Services Committee of the National Assembly for consideration.
In January 2009, Motata was found guilty of drink and driving after crashing his car into a residential wall in Johannesburg.
After years of delay due to litigation, in April 2018 a Judicial Conduct Tribunal confirmed the allegations and found Judge Motata guilty of gross judicial misconduct, and recommended impeachment.
Freedom Under Law took the JSC’s decision on review in the Gauteng High Court but were unsuccessful.
In a scathing judgment in June 2023, the Supreme Court of Appeal reversed the High Court’s judgment which had dismissed Freedom Under Law’s review.
“In the letter, Chief Justice Zondo apprises the Speaker, Nosiviwe Mapisa-Nqakula, of the Judicial Conduct Tribunal’s determination that Judge Motata has been found guilty of gross misconduct in line with section 177(1)(a) of the Constitution, “said Parliament spokesperson Moloto Mothapo on Friday.
“The Tribunal further recommended the invocation of section 177(1)(a) of the Constitution for potential removal. The committee will assess the contents of the correspondence, including relevant supporting material, in order to formulate recommendations for the consideration of the National Assembly.”
Legal researcher at advocacy group Judges Matter Mbekezeli Benjami says the letter from Zondo to Parliament is a greenlight for an impeachment process to begin.
“In terms of the Section 177(1)(a) of the Constitution the National Assembly has to take the vote to remove Judge Motata from office, before the vote the Justice Portfolio Committee has to prepare a report that will be tabled in Parliament, and then two thirds of members of Parliament needs to vote to remove Motata from office.
“That means the process of impeachment moves from Parliament to the president, who has to remove the judge once the vote passes in Parliament,” he explains.
Two months ago, the Supreme Court of Appeal ruled Motata’s conduct justified impeachment proceedings in parliament.