Judges Gregory Kruger and Hennie Lacock in the South Gauteng High Court in Johannesburg on Monday dismissed the appeal of Judge Nkola Motata against his conviction and sentence — a R20 000 fine or 12 months in jail — by magistrate Desmond Nair in September 2009.
The appellant had crashed his Jaguar through the wall of businessman Richard Baird’s home in Hurlingham in January of 2007, which led to his arrest at the scene of the crime.
The judges rejected Motata’s submission that the magistrate had erred in relying solely on the evidence of Baird rather than other witnesses and questioned his decision not to testify in his own defence. In addition they were of the view that the findings of the magistrate were beyond criticism.
This means that Motata now has the options of appealing to the Supreme Court of Appeals or paying the fine, which he has done, or both.
In light of the findings of the two judges the time would be better served getting Motata’s life back on track and allow the appeal to rest.
According to Times Live Motata is said to have pocketed a salary payment of about R1.5 million since his conviction and sentence last year.
The damage to the wall according to Baird was R4 500 at the time but a settlement amount was set at R10 000. Motata has yet to make payment of the said amount and should do so immediately.
Redemption
It is important to note that Motata was acquitted of driving a motor vehicle on a public road while the alcohol concentration in his blood exceeded the statutory limit of 0.05 gram per ml; defeating the ends of justice; resisting arrest and driving a motor vehicle recklessly or negligently.
The importance herein being the fact that his court case was not frivolous and that the bulk of the charges against him were not valid.
In addition he has faced the following sentence in reality:
– R20 000 fine or 12 months in jail;
– Three years of ridicule and court battles;
– Facing the Judicial Service Commission;
– The threat of investigation in terms of section 177 of the Constitution involving the suspension or removal of a judge; and
– Whatever personal and family pressure that ordinarily flows from situations such as these.
Judge Motata is the author of much of his own misfortune in adopting a stubborn rather than conciliatory approach to the accident that took place in January of 2007.
No doubt many of his colleagues cringed as he tore into those who doubted him. Not very much in keeping with the aloof and dignified approach that we as South Africans have come to expect from our judges.
Yet he has now paid much more than the price demanded by society for his wrongdoing.
Drunk driving is a very serious offence and as our courts will tell you far too prevalent. Judge Motata has paid for his indiscretion.
I do not believe that his career, his salary or his life should be further trampled on by society.
There are many South Africans who have been convicted of the same and received a far lesser sentence.
His position, profile and attitude have cost him dearly, let that be the end of it.
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