ConCourt throws out retired Judge Nkola Motata's application for direct access to impeachment challenge
Motata was impeached last year after a Judicial Conduct Tribunal found him guilty of gross misconduct.
Impeach retired Gauteng High Court Judge Nkola Motata. Picture credit: Judges Matter Website
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