ConCourt throws out retired Judge Nkola Motata's application for direct access to impeachment challenge

JOHANNESBURG - The Constitutional Court has thrown out Nkola Motata’s application to challenge his impeachment.

Motata sought direct access and a declaratory order invalidating the National Assembly resolution for his impeachment.

He argued that it lacked the jurisdiction to pass such a resolution.

Motata was impeached last year and became the second judge in history to face such a fate. 

In papers, Motata argued that he was only found guilty of misconduct.

Therefore, the absence of a gross misconduct finding negates the National Assembly resolution to strip him of his judge title.

The Constitution sets out the various grounds that lead to the impeachment of a judge.

Among them is gross misconduct but not misconduct.

He adds that the parliamentary committee misled the National Assembly to conclude that a gross misconduct finding was made against him and that the small Judicial Service Commission had confirmed this.

As a result, Motata argued, the president was not authorised or obligated to remove him.

He is the second judge to be impeached since the dawn of democracy. 

READ: Ramaphosa removes Hlophe and Motata as High Court judges