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Drunk driving judge on full pay four years later

Publish date: 24 May 2011
Issue Number: 2802
Diary: Legalbrief Today
Category: Corruption

Judge Nkola Motata, convicted of drunk driving, has been paid more than R4.6m while sitting at home for the past four years.

And according to a report in The Mercury Justice Minister Jeff Radebe is of the 'firm view' that Motata should remain on special leave with full pay until the JSC has concluded its investigation into the allegations of gross misconduct against him. It is investigating his fitness to hold judicial office following an AfriForum complaint that he used racist language against whites at the scene of his crash. Should the JSC not conclude its investigation into the allegations by February - when Motata is set to retire - he could retire on a judge's full salary, notes the report. 'I am of the firm view that Judge Motata should continue to be on special leave until the JSC has concluded its investigation of the complaint brought against him,' Radebe is quoted as saying in a written response to parliamentary questions. According to the report, Radebe said he agreed with the decision by his predecessor, Brigitte Mabandla, to grant Motata leave pending the finalisation of his trial on the drink driving charge. However, he believed that his special leave should be extended. Full report in The Mercury (subscription needed)

'You cannot interfere with the remuneration of someone who is on leave - he's on paid leave, Justice spokesperson Tlali Tlali is quoted as saying in a Cape Times report. COPE MP Dirk Feldman, who put the questions to Radebe, said he was 'deeply concerned' that Motata's leave had been extended. He called on the JSC to 'set an example' and 'draw the line' with J Motata's case and urged the judge to 'resign immediately'. 'It's wrong,' said Feldman. 'One of my biggest concerns is that the taxpayers were paying for his salary while he was at home doing nothing.' DA parliamentary leader Athol Trollip told the paper while he respected that legal process be allowed to take its course, it was a 'worrisome phenomenon' that public servants who were paid out of the public purse were allowed to receive a salary month after month for interminable periods. Full Cape Times report (subscription needed)

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