The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

The Democratic Alliance (DA) is deeply concerned that Judge Nkola Motata, who was convicted over a year ago on a drunken driving charge and yesterday lost his appeal against this ruling, has still not been suspended. It is untenable that an individual who holds a public position for which integrity is paramount, has not been suspended following a criminal conviction.

Judge Motata’s drunken driving conviction was handed down over a year ago; however, he has remained on special leave, receiving his normal salary of approximately R1.5 million a year. This situation is set to continue should he decide to appeal yesterday’s decision and take it to the Supreme Court of Appeal.

Those serving in the public service, especially in a judicial capacity, must embody the highest standards of dignity and integrity. Judge Motata has clearly failed in this.

In response to this concerning state of affairs, I will be writing to the Chief Justice, in his capacity as Chairperson of the Judicial Services Commission (JSC), to seek greater clarity from him on the rationale for Judge Motata’s non-suspension and requesting details as to what criteria are applied by the JSC when deciding whether or not a judge should be suspended.

Judge Motata’s case has gone through due process, he has appealed the initial guilty verdict, and his appeal has been denied. The DA urges the JSC to investigate the matter and establish whether the Judge’s conduct warrants suspension.