Senzo Meyiwa trial judge Ratha Mokgoatlheng apologises for 'some black lawyers' comment

Judge Ratha Mokgoatlheng, who is presiding over the Senzo Meyiwa murder trial, has apologised and withdrawn comments he made about black lawyers in court on Wednesday.

Defence lawyer Thulani Mngomezulu failed to pitch up in the high court in Pretoria and also failed to formally communicate his absence.

Mngomezulu called one of the other defence lawyers, advocate Zandile Mshololo, a few minutes before court proceedings, informing her of his absence and asking that she inform another lawyer, Sipho Ramosepele, to stand in for him.

This prompted Mokgoatlheng’s reaction: “Is this how black lawyers behave, some of them?”

As proceedings got under way on Friday, Mokgoatlheng tendered an apology.

“On reflection and after some thought, I admit my comments could be interpreted as intemperate, ill-advised, ill-considered or offensive — and if that is the perception, I unreservedly withdraw the comments,” he said.

He was aware the Black Lawyers Association (BLA) wanted a meeting with him after his comments but said he was unable to meet them as this could affect his future in the case.

“I don't have a problem with that but the law precludes me from meeting the BLA because they want to have a meeting with me regarding my presiding in a case which is continuing. They are not parties to that case. The parties to the case are the five gentlemen here who are represented by five counsels and attorneys and the state represented by [advocates Ronnie] Sibanda and [George] Baloyi,” he said.

“A judge is supposed to execute his functions without fear, favour or prejudice and has to be independent, objective in the exercise of his authority in court. Consequently, judicial protocol and the law does not allow a judge [while] presiding in a case that is continuing and not yet finalised to meet a body or people and have a discussion in any matter which arises from the conduct of the case. The law does not permit that.

“If I did that, the accused before the court could bring an application for my recusal because they wouldn't be present in that meeting which the BLA wants to have with me. They could also apply for the quashing of the proceedings on the basis that they are unconstitutional upon me having entertained a discussion with a legal fraternity body.”

Mngomezulu also penned a letter of apology to the court for his failure to report his absence on Wednesday.

Proceedings continued with the state calling the next witness, Chupye Christopher Matlou, who works as an investigator for the Road Traffic Management Corporation.

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