Confusion reigned at the Randburg Magistrate’s Court on Monday when a Pretoria High Court judge arrested for drunken driving failed to appear at the court.
After waiting outside the court for about half an hour, journalists learnt that Judge Nkola Motata, who was arrested in Hurlingham, Johannesburg, on Friday, had already been released on bail. He will appear at the Hillbrow Magistrate’s Court on February 27.
Metro police spokesperson Chief Superintendent Wayne Minnaar, who confirmed that a judge had been arrested on Friday, could not divulge information about Motata not appearing on Monday.
”[The] South African Police Service are now handling this, please ask them. There’s nothing we can say or do about this now, please,” said Minnaar.
Gauteng police spokesperson Director Govindsamy Mariemuthoo told the South African Press Association that a ”mix-up” had occurred and police had initially thought that Motata would appear in Randburg on Monday.
”However, he will only appear at the Hillbrow Magistrate’s Court on January 27.”
He earlier told another journalist that Motata had been released shortly after the arrest on R1 000 bail.
He was not available on Monday morning to explain the circumstances surrounding the judge’s release on bail.
Motata was arrested for drunken driving on Friday after he drove into a wall.
He allegedly resisted arrest and was put in a police car by five metro police officers in Hurlingham, the Sunday Times reported.
Minnaar said two women officers on the scene had called for assistance after the judge became ”uncooperative.”
Motata denied he had been drinking and that he had argued with police officers and resisted arrest. He said he had not been detained or made to pay a fine.
He claimed he hit the wall when accidentally reversing after avoiding a reckless and speeding car, the paper said.
”I wasn’t drunk at all … I had been with one of my colleagues earlier that night drinking tea.”
Witnesses said Motata had tried to start the car a number of times but that his car keys were confiscated by the owner of the property.
The Sunday Times further reported that in an audio recording of the drama at the scene, Motata was heard repeatedly swearing at the owner for accusing him of being drunk.
The newspaper also carried a photograph of the judge in his car at the scene of the accident.
The South African Broadcasting Corporation (SABC) reported that Transvaal Judge President Bernard Ngoepe will meet Motata on Tuesday to hear his side of the story.
ICD investigates
Meanwhile, it was reported by the SABC news on Sunday that the Independent Complaints Directorate (ICD) is investigating charges of defeating the ends of justice after claims of a cover-up in the Robert McBride car-crash investigation.
It quoted an ICD spokesperson as saying that no blood sample had been taken as required by law.
Witnesses said McBride appeared to be drunk, and that they were intimidated and assaulted. The ICD was therefore also probing charges of intimidation and assault.
McBride was involved in a road accident on the R511 near Centurion on December 21 after leaving a year-end function to attend to an incident report.
At the time, Ekurhuleni metro police denied that McBride was drunk or that metro police officers assaulted or threatened witnesses. — Sapa