Today's Labour News

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newsBusinessLive reports that complaints of judicial misconduct are finally going to be heard against retired Judge Nkola Motata‚ who was convicted of drunk driving after crashing into a wall, 11 years ago.  

A tribunal convened by the Judicial Service Commission (JSC) will probe complaints that he used racist language at the crash scene and breached judicial ethics by putting an untrue defence before the court during his drunk-driving trial.  The hearing will begin on Wednesday.  Motata crashed his Jaguar into the wall of a home in Johannesburg in the early hours of 6 January 2007.  Following his conviction in 2009 and a fine‚ two complaints were laid against him — one by minority rights group AfriForum and another by senior counsel Gerrit Pretorius.  Motata was supposed to appear before a Judicial Conduct Tribunal in June 2013‚ but the proceedings were postponed indefinitely when he challenged the constitutionality of the tribunal.  The High Court in Pretoria dismissed his application in December 2016 and the Constitutional Court then refused leave to appeal.  Even though Motata retired in 2017‚ judges on retirement are paid for life and get all the benefits associated with being a judge.  If the tribunal finds that Motata should be impeached‚ the finding will be referred to the National Assembly.   Impeachment will go with loss of salary‚ allowances and all benefits.

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