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Racial slurs on Motata tapes

SELLO S ALCOCK | JOHANNESBURG, SOUTH AFRICA - Nov 13 2009 00:00

51 comments | Post your comment

A re-examination of an audio recording made at the scene of Judge Nkola Motata’s drunken crash into the wall of a Johannesburg house in 2007 says it loud and clear -- Motata made racist remarks.

Read the transcript

On the tapes examined and translated from Sesotho by the Mail & Guardian, Motata can distinctly be heard saying to bystanders: “All of you, let me tell you, my brothers and sisters -- these people should not catch us. Let us live, we are the majority and this is our land. It is not the land of the boers [maburu] even if they have big bodies. South Africa is ours, we rule it.”

This new taped evidence adds weight to the charge of “gross racist misconduct” brought before the Judicial Service Commission (JSC) by the civil society group, Afriforum.

The tapes, described as “indistinct” in court transcripts at Motata’s trial, show that the judge uttered racial slurs; tried to arouse the racial sympathy of black bystanders; threw his weight around; swore repeatedly, including at police officers; and tried to get away from the scene of the accident.

The convicted Gauteng High Court judge may now struggle to stave off a JSC hearing on his possible impeachment for racism and other serious misconduct.

Motata crashed his luxury sedan into the concrete fence of a house in Hurlingham Manor, Johannesburg, in the early hours of January 6 2007.

A Johannesburg magistrate later found him guilty of drunk driving and sentenced him to a R20 000 fine or a year in jail.

Replying to the JSC in September, after Afriforum lodged the complaint, Motata denied racism. But he admitted for the first time that he had shared a bottle of wine with a friend before the accident.

CONTINUES BELOW

Responding to the complaint that he referred to whites as maburu [boers], Motata said that the Se-sotho term was not offensive.

Yet the recordings make it clear that the term was intended as an insult and suggest that he was playing the race card to evoke the sympathy of black bystanders.

It is unclear whether the JSC complaints committee will hear the audio recordings or rely solely on the court transcript. Trial magistrate Desmond Nair ruled that the transcript was not evidence, merely “an aid to follow recordings”.

Glaringly absent from the court transcript, but clearly audible on the tapes, are the initial exchanges between Motata and state witness Lucky Melk, the tenant who arrived first at the crash site.

Melk is heard politely trying to pacify Motata after the latter declared in Sesotho that he was a lawyer.
“I am caught by these boers, I do not care for them,” Motata replies. “I do not want to talk to them. I am saying let them give me my keys so I can go, let them give me registrations [sic] and do whatever they want to do. They must not think they have caught me with something, that will not happen.”

Melk then says that he knows Motata is a man of the law, but points out that he has driven into property owner Richard Baird’s wall.

He is later heard telling Motata: “But then it is not good to insult this man [Baird].”

To which the clearly inebriated judge replies: “Fuck him, fuck him, he must not insult me. I say fuck him, anybody who insults me, I say fuck you.”

Baird, now also on the scene, interjects: “Who is insulting you?” and presses Motata to answer him.

“Hey, fuck you, please,” Motata replies. When Baird complains that Motata is being “disrespectful” to him, Motata answers: “I do not care about you.”

Later Motata mistakenly refers to the black bystanders, who all declined to testify against him, as Baird’s employees. “I do not care about your workers,” Motata says.

Baird then tells the judge that Melk is a senior bank manager, but Motata persists in telling him: “So go to hell, get to hell!”

To the amusement of bystanders, the judge claims to be referring to a security guard and not Melk, as “he [Melk] is too short to be a senior manager”. He adds: “You tell me when you are ready; I must run.”

The audio recording shows that Motata, after trying to exert his authority over a clearly impatient female police officer, loses his temper.

“I would say to you, fuck you too, I would say to you, fuck you too!” he screams before Baird reminds him: “You are speaking to a police officer.”

“Wena, hey wena, do not worry about whites, it is the truth that must prevail!” screams Motata.

Later Motata, who sounds more sober, is heard trying to find an alternative solution to his problems.
“I am saying, listen, we are at fault if we are wrong, let us judge ourselves. If I am wrong I want to pay a person that I have wronged,” he says.

In a 40-page letter to the JSC last month, which the M&G has seen, Baird says Motata’s aggression and racially charged language prompted him to move away to cool down.

He decided to record Motata on his cellphone after his lawyer advised him to do so.

In his reply to the JSC Motata disputes Afriforum’s complaint that he was guilty of “crass racist remarks regarding whites” and had shown he could not “act in the interest of all communities without any prejudice”.

He told the JSC that he was acquitted of four other charges -- reckless driving, obstructing the ends of justice, resisting arrest and driving with excessive blood alcohol levels -- and was “anxious to have the matter finalised” so he could resume his duties.

Last week trial magistrate Nair denied Motata leave to appeal against his sentence. His lawyers have since indicated they will appeal against his conviction and sentence and will approach Gauteng Judge President Bernard Ngoepe.

The JSC indicated last month that it would allow Motata to appeal against his conviction and sentence before proceeding with the complaint against him.

Owner did not call him a 'drunken kaffir'
A recording of exchanges after Motata’s collision with the concrete fence of a Hurlingham Manor house gives no support to claims during his trial that the owner of the affected property called him “a drunken kaffir”.

And it backs the testimony that would have been given by a mysterious witness, dubbed “Mrs X”, who was at the crash scene.

Mrs X initially refused to give evidence, but decided to testify that there were no racial slurs when she learned that the defence was trying to portray the owner of the house, Richard Baird, as a racist.

But Nair barred her testimony. During the trial Johannesburg Metro Police officer Pauline Mashilela changed her testimony under re-examination, alleging that state witness Baird had referred to Motata as a “drunken kaffir”.

Applying to have charges dropped during the trial, Motata’s counsel, Bantubonke Tokota, labelled Baird “one of the worst complainants ever”, whose “evidence should be ignored as he is ... biased, unreliable, dishonest, has concocted evidence, has contradicted himself and is, above all, a racist”.

Convicting Motata, the magistrate found no basis for the allegation. Audio recordings made by Baird, accepted by the court as evidence and described as “a concrete edifice on which all other evidence has been built”, contain no racist statements by him.

In addition, Motata himself does not complain that the word “kaffir” was used.

“No, but what did you say, when I got out of my car?” Motata is heard asking.

Baird replies: “What did I say?” “You say: this drunken person,” answers Motata.

Nair, however, did find that there was “an element of provocation prior to the recordings”.

“Mr Motata’s answers speak of a level of anger, the tone of his voice as is in the audio ... does not support a scenario of an unprovoked individual,” said Nair.

Baird denies that he provoked Motata or was guilty of racial slurs.

TOPICS IN THIS ARTICLE

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Nkola Motata

Comments

Here is another great example of a complete doos of a person trying to get away with what he was charged with by milking the system. This prick is a racist drunk. Lock the bastard up with Baba the Nigerian transvestite.

Apocalypse Now on November 13, 2009, 8:18 am

Please also charge Pauline Mashilela for lying under oath and defeating the ends of justice.

moloko moloko on November 13, 2009, 8:28 am

I'm sincerely hopeful that I don't ever face any of these ANC judges. They really don't seem to like white Africans at all.

Nahor Ecnarraf on November 13, 2009, 8:41 am

.....which incidentally could be the basis of my defence. Can't get a fair trial.

Nahor Ecnarraf on November 13, 2009, 8:42 am

Africa 4 Africans ever heard that little low-iq anti white verbal jaunt, bloody liars, one word - Xenophobia, I will never listen to another neo fascist imperial malema boot-licking racist ever again, they are cowardly hypocrites.

Dylan Goodwin on November 13, 2009, 9:36 am

Nothing he said was racist, it is just the truth and everybody knows it. This is not a race issue, just a stupid man drunk driving.

Tiyane Mushwana on November 13, 2009, 10:07 am

Nahor, the hunter is now the hunted and in this country they want to hunt until extinction, I wonder how they feel about the Muslims, Indians and Coloureds our other fellow positive contributing citizens in SA.

Dylan Goodwin on November 13, 2009, 10:16 am

Racists are every where, black or white albeit not to the same degree. But one thing for sure though most blacks are the hewers of wood whilst the rest are the masters, What a recipe for disaster.

Peter Garayi on November 13, 2009, 10:18 am

This is disturbing, disappointing and a little sad. In the judge's defence, there are countless scenes of drunken belligerence all over SA every weekend, mainly between people of the same race (thank heavens!) and people swearing at each other is not unusual. What is disappointing is that he chose not to come clean in the cold light of the courtroom, to simply admit the truth, apologise and move on. We all make mistakes, but how we deal with them says much about our character.

Mark Robertson on November 13, 2009, 11:44 am

This in inappropriate behaviour for a person of his stature. He has shown himself to be a racist and bigamist and as such incapable of objectivity. He cannot be allowed to practice law ever again!

Concerned Citizen on November 13, 2009, 11:48 am

NAHOR: WAIT UNTILL YOU MEET THEM , YOU WILL UNDERSTAND THE PAIN WE BEEN FEELING ALL THIS YEARS, then maybe, just maybe you wiil try to be less racsist towards some blacks , but i dont think you can , you have been indoctrinated, just listen , to JLG, JON LOW, GUS@WORK, just to mention a few full blown racsist in this forum.

Africa 4 Africans on November 13, 2009, 11:53 am

Ah Peter I think you'd be surprised... perhaps there is a little bit of racism in everyone. After all we tend to fear and dislike what we don't understand or see as 'different'. Is xenophobia not born out of racism, tribalism? Then far more black South Africans would be labelled as racists. The UK and India have their class systems. Religion divides us, language divides us. Thankfully we all love and bleed the same. And when I watch my 3 year old smile at and greet strangers on the street, and see their joyful reaction - I am thankful that we all love children the same.

Maylani Bezuidenhout on November 13, 2009, 11:57 am

I'd say no black judge can EVER sit in judgment over a white person. Deep down most blacks are a Motata.

GUS @ WORK on November 13, 2009, 12:01 pm

Africa 4 Africans - Typical ANC answer to anything. Racism card has been raped by the ANC to such effect that real racism these days aer confused with politics. Thanks a lot asshole!!

Peter Garayi
When the ANC got rid of the whites, coloureds, muslims and indians will follow. When all other races have been wiped from africa, the tribes will turn against eachother... zulu vs xhosa, just like the Hutu and Tutsi's.

moloko moloko on November 13, 2009, 12:14 pm

In the past there was only respect for magistrates and judges. They lead by example.

Today magistrates and judges, should not to be on the bench, but rather in the accused box for all their misdemeanors. What an utter disgrace.

Andre Scheepers on November 13, 2009, 12:15 pm

Gus@work, I think you have lost the plot somewhere, a lot of black folks admire white folks and they feel honoured to have worked for them. The only problem is that a lot of white folks are abhorred by the fact that an elite squad of blacks is now in charge. Apartheid is a diseases that is well embedded in the populace that it is showing its ugly head in many funny places. The coloureds and Indians are more tolerant though and are not ashamed to mix with either blacks or whites except for the likes of Khalsa and a few belligerents. What do you expect from a slave that suddenly realises that the so called master is not the master anymore? Retribution! Though sometimes it will be misdirected.

Peter Garayi on November 13, 2009, 12:18 pm

Dear Mr @Work,
I disagree fundamentally and entirely. Most black judges are honourable, learned professionals and how on earth can you make such ridiculous generalisations that 'most blacks are a Motata.' Rubbish, sir, rubbish.

Mark Robertson on November 13, 2009, 12:25 pm

Africa 4 Africans - if you feel the pain of people being racist towards you, and you know how much it hurts and how it angers, why do you do it to other people? You have said some things on these forums that have rally upset me.

Yes, some white people are racist, and some black people are racist. But is it not our responsibility as a society to move beyond this?

Concerned Citizen on November 13, 2009, 12:26 pm

I am a patrion of this country & I love it with all my heart, with all it's citizens alike. One thing which disturbs me is that it seems the only time racism becomes an issue is when it is directed towards white people, we have COUNTLESS incidents of racist acts against black people which get swept under the carpet. One such incident is the Free State boys who urinated in peoples food, where are they now? Nothing happened to them, nothing at all!! Let's be real about this, Motata's statement is only a tip of the iceberg, let's tackle all of it.

Black X on November 13, 2009, 12:48 pm

@Moloko ''ant-Anc''Moloko, i neverevr even a single day you call the white racsist in this forum into order, like Gus and the rest, your hatred for ANC, is that so much that it cloud your judgement? or you just want to belong where you dont fit huh!!!

@Concern Citizen: i get you point, the thing is i have realised that some whites take advantage of blacks kindness and throw the hand of reconciliation back to our face, then i made a vow that i will fight fire with fire,why must i always on the receive end, then and have to apologise for it again, why cant some Whites accept that apartheid is over and move on? according to me reconcilation has passed long time ago, with Mandela and F.W de klerk, the rest is B.S that one need to fight back, is that wrong?

Africa 4 Africans on November 13, 2009, 1:39 pm

I wish everybody would let Motata be. He has said nothing that we don't hear, regularly, out of the mouths of Malema and co. It doesn't bother me as I am confident enough in who I am and the colour of my skin is irrelevant. I don't drink but I challange anybody that hasn't taken a chance at drink driving to admit that they haven't spoken a load of crap when they have been cornered. I don't know the learned man but I think he has been vilified enough. One bit of advice to him though. Sir take your punishment. It could have been a lot worse.

Tiger Lily on November 13, 2009, 1:40 pm

@ Africa4Africans: perhaps there is some part of what you say that I can understand. After all, a multiracial harmonious democray is something that might be easier for a white African to intrinsically than for a black African. It will always be easier fot the 'opressor' to move on from the past and look forward to the future than it is for the 'opressed'.

Nonetheless, it is an ideal which our founding Father advocated, and a brilliant ideal. Shouldn't we all strive for it?

Nahor Ecnarraf on November 13, 2009, 2:13 pm

Africa 4 Africans.Whatever man, just cry racist, again, and again, and again, just like Winnie, BMF, Juju, Floyd, and all the other white fearing people making up your corrupt organisation. And please write propper english in reply... i can barelly make out your drivel.

moloko moloko on November 13, 2009, 2:15 pm

Boy is it time to leave, give this country another 5 years with the type of leaders we have and they will have distroyed everything all the people have worked so hard to build.
The rest of the world must think this country, its ruling party and leaders are all a joke.

Gordon Russell on November 13, 2009, 2:32 pm

I am just happy that we have famous black racist. Now we need a famous white liar (Joost didn't cut it) and famous white incompetent person - then and only them the play fields will be levelled. Maybe we will start seeing all these things (racism, incompetence, liars, etc.) as they are and stand together to fight them.....
Moloko.... please mate, lets leave the political parties out of it. Last time I checked ANC was critized for coming out and saying "Ïn SA you can't even say you sober as a judge". And this notion that black people want everyone out of SA....WRONG...VERY WRONG....

Muzi Oscar on November 13, 2009, 2:39 pm

What frightens me about this story is the idea that none of the witnesses would testify against him, once they realised he was a powerful guy. That and the traffic cop changing her story. Oh and that maybe when a white guy is before him some day soon, that guy is gonna paaaaaay!

touché douché on November 13, 2009, 2:47 pm

Why is it that every issue disscused in this forum ends with racial remarks?Can we all try to move forward and rebuild this country without racial boundaries.Lets do it not for us but for our generations.If we don't change our attitudes now I don't see a bright future for our children.I have kids who I don't want to live in a racial divided society.They have friends of any colour from school, an opportunity I didn't have when I was growing up.I believe we can change& put all our differences aside.I think that's not difficult isn't it?

Lwazi Zulu on November 13, 2009, 2:49 pm

Lwazi Zulu: Say it like it is Lwazi.

Sinudeity @gmail.com on November 13, 2009, 2:53 pm

Africa 4 Africans, I think it is wrong if you lower yourself to that standard. Yes there are many racists on this forum, but I don't think we should lower ourselves to that level.

Muzi, if you want a list of white incompetent people and liars, I'll be happy to provide you with one several miles long!

Concerned Citizen on November 13, 2009, 2:55 pm

Lwazi Zulu - Good point, BUT...I think for our generation (those born before...say 1989) discussing race is very important. We just need to avoid extremist views and debate with respect. We don't have the opportunity our kids have to interact at same level from the young age. As a result we have zillions of assumptions and stereotypes about each other. And I often notice blacks calling blacks to order in this forum and whites calling whites to order (e.g. Mark Robertson @ 12h25). It shows which direction these debates are going... i have a good feeling. hatred will be defeated...it always loose.
I think we just need to keep it constructive, but lets not avoid it untill we fairly understand each other.
BY the way... can someone say something bad about the DA please (just kidding).

Muzi Oscar on November 13, 2009, 3:02 pm

well said Muzi, Moloko dont worry you will belong for now after they have your vote, you see their true colours,is people like you make some whites things we must suck up on them, for your info im scared of whites i dont even suck up on them, hell i dont even try to belong like you do, im true to myself, used to in the mid 80s, now hell NO!!! OR just try to visit Pretoria in town at night, after Blue bulls have lost, i bet black ass, you will be sorry you met them..

Africa 4 Africans on November 13, 2009, 3:04 pm

Point taken Messr Garayi & Robertson

GUS @ WORK on November 13, 2009, 3:14 pm

I frightens me that when rare racist cases emerge from a Black dude to a white person people have so much to say. I mean we are so used to maburu dondering our brothers into a coma and in some cases dragging them for miles behind their bakkies until their eyes pop out. Calm the f#$# down, the old man was just venting out his frustrations!!!

Ngoako Modiba on November 13, 2009, 4:04 pm

@Ngoaka et al

Point is - he behaved like an idiot and he lied, and he is a judge, supposed to be honest and judge others - nothing to do with race.

Faith Botha on November 13, 2009, 4:12 pm

Eish Africa 4 Africans. You are screwed up big time. Too busy spewing venom to smell the roses. You are in dire need of help my man as there is so much anger there that you aren't sure who you should be venting it on. Whites, coloureds, indians, coconuts etc...... Africa 4 Africans?????? Well Africa is made up of black, white, coloured, indian etc as is Europe made up of the same.

Tiger Lily on November 13, 2009, 4:17 pm

Ngoako Modiba, are you refering to the reamining maburu who has not been killed or raped by black men?

moloko moloko on November 13, 2009, 4:19 pm

Drunken people are mostly BAD people…

Especially those that ruin others life’s by driving their cars in a drunken state…

And drunks are also the leading cause of domestic violence…

Liquor use and sales should be treated more tightly than smoking!

Stop the `ADS’ on TV and in the media – children think is ‘cool’ to drink – this is RUBBISH!!!

Sipho Hu on November 13, 2009, 4:55 pm

Did he repress these bits? Lacuna Motata? Not so hakuna matata. (Apologies, it's been a long week!)

Set Lah on November 13, 2009, 5:19 pm

For too long has racism been swept under the carpet. I'm fed up with whites who jump on their high horses when racism is mentioned, and equally fed up with anyone who shouts racism as a lazy shortcut to avoid facing the real issues. (See Gumede's article at http://www.pambazuka.org/en/category/features/60192 ) I've been an African (since 1743) and grew up believing that white people were better than whites. It's like being an alcoholic -- although you may have been able to stop drinking, you should be on the alert all the time and guard against falling back. We were fed on racist thoughts like babies were breast fed, but that is no excuse to continue thinking racist thoughts. I was cured, not by white people, but by black colleagues and friends who patiently helped me to confront my past and work with them towards a non-racial South Africa. Today my children are free from racism. I was able to inoculate them and it took just one generation. So, please don't try to deny that there are many whites who are still racist, and please don't view every white as someone who, because of the colour of his skin, as a racist. Don't be lazy. Let's dialogue about the real issues: how cultures of fear, humiliation and hope continue to shape our thoughts and behaviours.

Chris Spies on November 13, 2009, 5:47 pm

No Ngoako, he is a racist and should be burnt at the stake. There are also many documented cases of blacks killing farmers by pulling them behind bakkies.

Racism is never acceptable - doesn't matter who the culprit is. And telling people to calm down suggests you approve of this barbarous behaviour.

Concerned Citizen on November 13, 2009, 5:57 pm

Alcohol disinhibits. Under it's influence the inebriated conduct themselves in an unrestrained manner, allowing those inner thoughts and emotions usually suppressed because they would overturn social conventions to come to the fore. The drunken husband who beats up his wife is dominated by his usually suppressed macho and violent inner self. Rightly so, if he commits a heinous act, either drunk or sober, he will be judged for the nature of this act and it's consequences. Beating up your wife is beating up your wife, period.

A judge must uphold the law otherwise it becomes impossible for him to administer it and delve it out. This judge will always be the drunken (and racist) judge and the judicial system in the country will in turn be judged by it's lowest common denominator - presently a one Judge Motata.

He should be condemned in the severest possible terms, the very reputation of the legal system depends upon it.

Howard Phillips on November 13, 2009, 6:03 pm

fred sevillano on November 13, 2009, 6:33 pm

In vino veritas - in wine lies the truth. I find it scary to now realize what goes on in the mind of a normally urbane black judge. Is this the way all black judges think? Do they all hate white people that much? Do all (or at least most) black judges want to hurt whites? Crazy.

Hippo Crit on November 13, 2009, 7:06 pm

What disturbs me most is that the claim that Mr Baird is a racist has stuck and his business has suffered because his black clients are reluctant to do business with him. That there is overwhelming evidence to the contrary and that he is a victim of a vicious racist and a High Court judge to boot, cuts no ice.

Roger Pacey on November 13, 2009, 7:53 pm

Drink releases the true animal beneath the polite public face. Sad that someone of such public standing should dishonor himself, his position, his race,other innocent people and his profession.
He should be shamed by his peers for the damage he has brought about through his drunkenness to all parties involved.

heather darby on November 13, 2009, 8:45 pm

M&G it is poor form to post the transcript with page order in such disarray!

Starting at 10-17, then 1-9!

Any body knows the normal order is 1-17!!!

R Mail on November 13, 2009, 10:19 pm

colour coded transcript found at www.richardbaird.co.za

R Mail on November 13, 2009, 10:22 pm

Motata -- along with almost all the many BEE appointees -- is a "fence-post turtle".

Google it.

Jon Low on November 14, 2009, 1:46 am

louise doidge on November 13, 2009, 4:17 pm
..” Well Africa is made up of black, white, coloured, indian etc as is Europe made up of the same.”…..
In Europe, I must inform you, the natives there of each country are not treated as second rate citizens. They collectively get the best of what that country has to offer. They do not have suppressing financial regimes that undermine growth for the deprived majority, they do not vilify their democratic elected leadership nor do they polarize growth for selected few. It goes without saying that whites have been very privileged in this country and they continue to be. It is also plain to see that the majority of whites are reluctant to see any sort of emancipation from and by Africans, it clearly does not serve their interest! We are in the crossroads now, the time of overcoming and strengthening. If I was a white person who wants to see this country turn out for the better, I would throw my weight (figuratively, figuratively) behind any effort that is positive. I would not allow things like corruption, mismanagement and petty differences deter me from marching on to do my bit to contribute to this country. I would erase from my mind such notions that ‘Africans are inherently disorganized, inferior, deservedly to be stepping stones’ but I would embrace such notions as that people of every nation are inextricably bound by common goals of trying to live a full and rewarding life and that the well being of another is dependent upon well being of the other……
Strangely, I have not commented about the judge, so deep is our racial and financial divide that very little else warrants our opinion
Thandanani Umlaw

Thandanani Umlaw on November 14, 2009, 7:55 am

Dylan Goodwin,'I wonder how "they" feel about'. Who is "they"? Dont be racist like the disgraced judge

Dimo Mariri on November 15, 2009, 3:08 am

who the heck is Moloko? guys this guy smoke stronger pills than Ras Dumisane, if your parent can read your comments they will dis own you, if you not adopted though,

Africa 4 Africans on November 20, 2009, 1:52 pm

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