EFF slams judge Mokgoatlheng’s ‘fighting like in parliament’ remarks

The EFF has criticised judge Ratha Mokgoatlheng, who is presiding over the Senzo Meyiwa murder trial, for his remarks condemning a scuffle in court involving a prison warden and three accused, saying they should not fight like MPs.

On Monday the court was in the spotlight when scenes of a brief physical scuffle involving warden Vusi Jele and three of the five accused dominated on social media. The drama ensued during a court break when the warden saw one accused, Mthokoziseni Maphisa, sitting on top of a bench and asked him not to do so. 

Condemning the altercation, Mokgoatlheng said: “This one of fighting like in our parliament. We do not need that. In our parliament I once saw a president being rushed by certain parliamentarians to a certain extent. There was an alarm out at parliament and security had to assist the president because it was under the impression he had been attacked. We do not need that.” 

The EFF took issue with Mokgoatlheng’s remark. Though the judge did not mention names of MPs or a party, the red berets linked his comments to the drama at the state of the nation address (Sona) earlier this year when EFF members stormed on stage during President Cyril Ramaphosa's speech. 

“The EFF condemns in the strongest terms the irresponsible commentary by the judge in the Senzo Meyiwa murder trial. Judge Ratha Mokgoatlheng made condescending comments regarding parliamentarians who sought to peacefully hold Cyril Ramaphosa accountable at the state of the nation address on January 9,” the party said.

“It must always be remembered that the violence in parliament was solely on the side of parliamentary security, members of the police service, Ramaphosa’s security detail and unidentified armed men who stormed parliament and assaulted members. Therefore Mokgoatlheng's characterisation of events at Sona 2023 are misguided, unwarranted and reveal a nauseating trend in the judiciary of judges becoming political commentators.” 

Last week parliament's powers and privileges committee found six EFF members — party leader Julius Malema, deputy leader Floyd Shivambu, secretary-general Marshall Dlamini, Mbuyiseni Ndlozi, Vuyani Pambo and spokesperson Sinawo Tambo — guilty of being in contempt of parliament. The EFF intends to challenge the committee's finding in court.

This was not the first time the party has been in the spotlight for comments about judges. Last month the Judges Matter organisation and the justice ministry criticised Malema for “attacking” magistrate Twanet Olivier after he lost a bid to have his case struck off the roll in East London.

Malema appeared before Olivier with bodyguard Adriaan Snyman on charges of discharging a firearm during the EFF’s fifth birthday celebration at Mdantsane’s Sisa Dukashe Stadium in 2018. Malema called Olivier incompetent, saying her ruling was influenced by politicians. 

“A magistrate comes to court with papers all over the place, she cannot read her own notes, and her judgment is so disorganised. She comes to court and tells a police officer to fetch the judgment in her office because she forgot it. What type of nonsense is this that we have been subjected to for the past five years of an incompetent white magistrate? She is incompetent,” Malema said. 

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