Pretoria High Court Judge Nkola Motata will shortly be back at
work, his lawyer said during sentencing procedures in his drunken
driving case in the Johannesburg Magistrate's Court on Wednesday.
"He will be back on duty once this case is finalised," defence
counsel Bantubonke Tokota said during arguments in mitigation of
sentence.
State prosecutor Zaais van Zyl asked for Motata's sentence to be
a "moderate" fine of about R10 000, part of which could be
suspended.
"The sentence must be something that hurts, something that
reminds."
He also raised the possibility of suspending Motata's driving
licence.
"The seriousness of the offence really goes without saying," he
said.
Motata was last week found guilty of drunken driving. He crashed
his vehicle into the perimeter wall of a property in Hurlingham,
north of Johannesburg, while drunk in January 2007.
Tokota asked for a "wholly" suspended sentence saying Motata had
money woes which left him "in a position" where he could not afford
to pay a fine.
"It's very difficult for him to pay if he gets a fine."
He said legal fees which already amounted to close to R1-million
was Motata's fine.
"He's gone through that heavy fine, legal fees were enormous."
If a fine was given, Tokota asked for the fine to be deferred.
Questioned by the judge, Tokota said Motata did not have to pay
for repairs to his Jaguar S series which he crashed in the
incident.
He said while Motata had not worked during the trial, he had
been remunerated.
Tokota said judges like Motata earned very low salaries.
"The salary that he earned... is very low. I don't even consider
going to the bench.
"I earn more than 10 times what they earn," said Tokota.
"Maybe I should come over to your side," quipped magistrate
Desmond Nair.
Court was adjourned for sentencing which will begin at 1pm.