Judge Nkola Motata faces impeachment in Parliament after the Judicial Conduct Tribunal found the judge guilty of gross misconduct.
The letter has been referred by Speaker Nosiviwe Mapisa-Nqakula to the National Assembly’s portfolio committee on justice and correctional services.
The tribunal has called on Parliament to invoke the relevant sections of the Constitution to remove Judge Motata from office.
Motata had crashed his luxury vehicle on a boundary a wall of a house in Johannesburg in 2007.
He was found guilty of drunk driving by the magistrate’s court two years later.
In the letter to the Speaker, Chief Justice Raymond Zondo said the Judicial Conduct Tribunal had reached its decision and had found Motata guilty of gross misconduct.
The process was now going to be handled by the portfolio committee on justice, which will begin the removal process of the judge in line with the Constitution.
"In the letter, Chief Justice Zondo appraises 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. The tribunal further recommended the invocation of Section 177 (1)(a) for potential removal.
"The letter from Chief Justice Zondo will be referred to the justice and correctional services committee of the National Assembly, where it will be subject to consideration. 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," said Parliament.
The matter has been dragging on for 16 years since the incident happened.
The Supreme Court of Appeal found in June that the Judicial Service Commission must find Motata guilty of gross misconduct, instead of the initial misconduct charge.
The 76-year-old has been on pension since 2017 with full benefits, which he could lose, IOL reported in June.
This was after Freedom Under Law challenged the decision of the JSC for misconduct, saying it was a slap on the wrist.
Freedom Under Law said Motata’s behaviour constituted gross misconduct and should be removed from office.
siyabonga.mkhwanazi@inl.co.za
IOL Politics