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Parliament to consider Judge Nkola Motata’s impeachment

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Parliament will this week consider the impeachment of Judge Nkola Motata.

The Parliamentary Legal Services will brief the Portfolio Committee on Justice on this matter.

Motata was found guilty of gross misconduct by the Judicial Conduct Tribunal, and it recommended that he must be impeached.

The finding emanates from a drunk driving case caused by Motata in 2007 crashed his vehicle on a boundary wall of a house.

Last month, Chief Justice Raymond Zondo formally wrote to Parliament, informing National Assembly Speaker, Nosiviwe Mapisa-Nqakula, about the finding of gross misconduct against Motata.

He is the second judge facing impeaching after suspended Western Cape Judge President, John Hlophe, was also found guilty of gross misconduct by the Judicial Conduct Tribunal.

Some legal experts say in terms of section 177 of the Constitution there is no need for Parliament to begin a new investigation such as that of the removal of the heads of chapter nine institutions.

However, the final decision lies with the National Assembly, as two-thirds of MPs must vote in favour of the impeachment for it to stand.

VIDEO | JSC wrong for not finding Motata guilty of gross misconduct – Judges Matter: 

 

 

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