'A white advocate would not have the gall': judge slams counsel who asked for time off to run Comrades
Judge Ratha Mokgoatlheng, presiding over the Senzo Meyiwa murder trial, was furious on Thursday when defence advocate Charles Mnisi asked to be excused from court to accommodate his plan to run the Comrades Marathon.
In an email sent to the court's registrar, Mnisi asked for a message to be relayed to the judge about his planned absence. He represents two accused in the trial, which is scheduled to be in session on Monday.
The message read: 'Dear colleague. Will you kindly convey my humble request of leave of absence on Monday the ninth June 2025 to the Honourable Judge. The reason for my unavailability on this date is that I will be running the Comrades Marathon on Sunday, the eighth of June 2025, and will be driving back on the following day, being the Monday that I have referred to. I know this may affect the proceedings in the above-mentioned matter, but may I apologise in advance for the inconvenience to be occasioned by this request.'
Mokgoatlheng, who has previously voiced his frustration at the delays in the case, expressed his displeasure that Mnisi intended to skip a court day and that he didn't write to him directly.
'Now, this is what I talk about. Mr Mnisi doesn't think he can write to me directly. He writes to me through my registrar — and he says they must tell me that he's not coming to court on Monday. If Mr Mnisi doesn't want to come to court on Monday, that's his business. I will be in court. And the JP expects me to be in court. I can't tell the JP somebody's going to run the marathon. So the case should stop. Everybody should watch the marathon, I suppose,' he said.
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TimesLIVE
20 hours ago
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Defence advocate in the Senzo Meyiwa trial Charles Mnisi has been criticised for asking to be excused from court on Monday to allow him to participate in the Comrades Marathon on Sunday. On Thursday, Pretoria high court judge Ratha Mokgoatlheng was furious after Mnisi sent an email explaining why he wanted to be excused. Mnisi said he would be unavailable on Monday when the trial is set to resume as he would be driving back to Johannesburg. 'In this case, people are talking justice delayed, justice denied,' Mokgoatlheng said. 'Ten years, no justice, the case is just dragging on. The family is distraught, the brothers, the relatives, even the accused, they've been in custody for two to three years. And here's this stupid judge called Ratha Mokgoatlheng, you think, who must allow a person who's representing two of the accused [time off] to go and run a marathon? 'I don't think a white advocate can have the gall to ask me that. Never.' The trial has experienced significant delays since 2014, when Meyiwa was killed, due to various reasons including disputes over evidence, witness availability and procedural issues. In April, the trial stalled again when the same advocate requested more time to prepare, citing the complexity of the case and the need for additional evidence.
The Citizen
21 hours ago
- The Citizen
Justice committee chair slams Mokgoatlheng's ‘unfortunate' comments in Meyiwa trial
Legal professionals call for a review of the judge's comments, calling them unprofessional. The chair of parliament's portfolio committee on justice and constitutional development has strongly condemned what he described as racially charged comments made by Judge Ratha Mokgoatlheng during the high-profile Senzo Meyiwa murder trial, adding to mounting criticism from legal organisations across South Africa. Xola Nqola expressed serious concern over the judge's 'unfortunate' remarks, stating that 'the comments border on racism' and calling them 'totally unacceptable utterances'. The controversy erupted during court proceedings in the High Court in Pretoria on Thursday, when Mokgoatlheng made disparaging comments about black legal professionals compared to their white counterparts. The contentious remarks arose when Mokgoatlheng addressed a scheduling conflict involving one of the defense attorneys. Advocate Charles Mnisi, representing accused Muzikawukhulelwa Sibiya, had informed the court registrar that he would be absent on Monday, 9 June 2025, as he would be participating in the Comrades Marathon on Sunday and would only return to Gauteng the following day. Mokgoatlheng's response drew sharp criticism when he said: 'This is what happens in a South Africa run by blacks. I can tell you now, even if you call Uncle Tom, I don't think a white advocate will ever have the gall to ask me that. Never.' The judge further criticised the scheduling conflict, saying: 'Even the accused themselves have been in custody for two to three years. And here's this stupid judge called Ratha Mokgoatlheng allowing a person who is representing two of the accused here to go and run a marathon.' ALSO READ: 'This is what happens in a SA run by blacks': Senzo Meyiwa trial judge fires off explosive rant Political and legal condemnation Nqola strongly rejected the judge's characterisation of black legal professionals, emphasising that 'the incompetence or behaviour of legal practitioners has nothing to do with race, as he has alluded to in court. The remarks are extremely unfortunate and a gross generalisation.' The parliamentary committee chairperson acknowledged the frustrations surrounding the lengthy trial but maintained that such comments were inexcusable. 'Whilst we understand the frustration of the judge, families and accused with the duration of the trial, it is totally unacceptable to imply black legal professionals act unprofessionally compared to their white counterparts. We urge him to refrain from such gross generalisations,' Nqola said. The committee has demanded that 'Judge Mokgoatlheng withdraws his comments and apologise to the nation'. Law Society response Speaking on Newzroom Afrika, the Law Society of South Africa (LSSA) expressed deep disappointment with the judge's conduct, with its president Nkosana Mvundlela describing the situation as particularly troubling given the judge's previous controversial statements. 'It is a very unfortunate statement made by a presiding officer who has taken oath to defend and protect the rule of law and democracy,' Mvundlela said. 'It is very saddening that almost 11 months ago we were actually addressing the very same issue of these disparaging remarks that are made by a judge presiding in this matter.' Mvundlela emphasised that the judge's comments constituted racial bias, explaining: 'Once you talk about black and compared to white, you can't move away from actually then ascribing it as a race issue. Because when a person says to you, a white advocate would not have the gall to say that to me, it means that he believes, or at least he holds a view, that a white person sitting there would not think that way.' ALSO READ: 'No proper investigation was done': Defence frustrated over missing evidence in Senzo Meyiwa murder trial Proper court procedures defended The LSSA president defended Mnisi's approach in communicating through the registrar, stating that legal practitioners 'are expected as officers of the court to address the judge through the registrar'. He questioned why following ethical obligations would be construed as disrespectful behaviour. 'The prosecutor is there saying, it is a correct approach that he wrote to the registrar to inform you that this is what his situation is. Now that is ethically correct. And I don't then understand why would complying with our ethical obligations mean that we are disrespectful as officers of the court,' Mvundlela said. Calls for formal action Legal organisations, including the Pan-African Bar Association, and political parties have indicated their intention to file formal complaints with the Judicial Services Commission (JSC) regarding the judge's conduct. The LSSA supports such action, with Mvundlela stating that 'the JSC, the Judicial Conduct Committee must investigate this kind of conduct and make a finding about it'. He emphasised the importance of judicial officers maintaining public confidence in the justice system: 'When judicial officers are presiding, their job is to ensure that they attract at least a sense of responsibility to themselves, to the society, that the society must continue trusting the justice system. 'Now when people get there and speak with racial undertones, they are not attracting that kind of attitude towards the judicial system itself.' The Good party echoed these sentiments, while also strongly condemning Mokgoatlheng's comments, calling them 'racially charged' and 'deeply concerning'. Good secretary-general Brett Herron called on the JSC to review the judge's remarks. 'Decorum in court is not just about the behaviour of lawyers and attendees, it begins with the conduct of the bench. Judges must embody the fairness and dignity they expect from others. These comments fall far short of that standard.' ALSO READ: 'That is the law': Judge intervenes as lawyers squabble in Senzo Meyiwa murder trial Trial context The controversy has added another layer of complexity to the already lengthy and highly publicised Senzo Meyiwa murder trial. Judge Mokgoatlheng referenced public frustration with the prolonged proceedings, citing sentiments such as 'justice delayed is justice denied' and '10 years no justice', while noting the ongoing distress of the Meyiwa family and the fact that the accused have been in custody for two to three years. The judge indicated he would need to justify the lack of proceedings on Monday to Gauteng High Court Judge President Dunstan Mlambo, highlighting the administrative challenges posed by the scheduling conflict. While some observers agreed that the judge was within his rights to address the scheduling issue, the consensus among legal professionals and political figures is that the racial undertones of his comments crossed an unacceptable line, potentially undermining public confidence in the judicial system's commitment to equality and fair treatment regardless of race. NOW READ: Senzo Meyiwa: Judge Mokgoatlheng apologises for comments about black lawyers
The Herald
a day ago
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Judge asked to retract generalised race-based remarks
Judge Ratha Mokgoatlheng has been urged to withdraw his 'unfortunate' remarks directed at a defence lawyer. The chairperson of the parliamentary justice portfolio committee Xola Nqola said the comments border on racism. 'We want to strongly condemn the totally unacceptable utterances. The incompetence or behaviour of legal practitioners has nothing to do with race, as he has alluded to in court. The remarks are extremely unfortunately and a gross generalisation.' The presiding judge in the long-running trial of five men accused of the murder of footballer Senzo Meyiwa was referring to the message, sent to his registrar, indicating the absence of the legal representative of two of the accused in court on Monday. Advocate Charles Mnisi said he would be running the Comrades Marathon on Sunday and would only drive back to Gauteng the next day. Mokgoatlheng then said: 'This is South Africa run by blacks. I don't think a white advocate would have had the gall to ask me that.' Nqola said: 'While we understand the frustration of the judge, families and accused with the duration of the trial, it is totally unacceptable to imply black legal professionals act unprofessionally compared to their white counterparts. We urge him to refrain from such gross generalisations. Furthermore, we demand judge Mokgoatlheng withdraws his comments and apologises to the nation.' A year ago the judge apologised for another outburst. Defence lawyer Thulani Mngomezulu had failed to pitch at the high court in Pretoria court on that day and also failed to formally communicate with the court about his absence. This prompted Mokgoatlheng's reaction: 'Is this how black lawyers behave, some of them?' Mokgoatlheng soon tendered an apology, saying: '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, then I want to state I unreservedly withdraw the comments.' TimesLIVE
