MPs impeach retired Judge Motata 17 years after crash under influence of alcohol.

By Lehlohonolo Lehana.

Judge Nkola Motata becomes the second judge to be impeached following the earlier decision to impeach Judge President of the Western Cape High Court John Hlophe.

Motata’s removal came during a National Assembly sitting on Wednesday after the Supreme Court of Appeal (SCA) set aside an earlier JSC decision to clear him of gross misconduct.

In an evening that saw many EFF MPs being asked to leave after causing disruption, 296 members voted for the removal of Motata, one voted against, and 13 were in abstentia.

House chairperson Madala Ntombela had his hands full during proceedings as members of the EFF raised points of order.

The EFF also threatened the impeachment of Motata could end up in court.

ANC whip Bheki Hadebe warned that the EFF was disrupting proceedings to prevent MPs from voting on the motion to remove Motata.

Motata was found guilty of drunk driving in 2009 after he crashed his luxury vehicle on a boundary wall of a house in Johannesburg in 2007.

The matter was then referred to parliament for impeachment proceedings.

The portfolio committee on justice and correctional services found against Motata and called for his removal.

Ntombela said the report will be referred to President Cyril Ramaphosa to remove Motata.

Chairperson of the portfolio committee Bulelani Magwanishe said the Constitution called on judges to uphold their oath of office.

He said the oath they take was binding on their conscience.

“The removal of a judge is not an opportunity for jubilation, it gives us an opportunity to reflect as a nation. It is about accountability and ensuring adherence of judges to their oath of office.”

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