‘This is what happens in a SA run by blacks': Senzo Meyiwa trial judge fires off explosive rant

The Citizen

2 days ago

Judge Ratha Mokgoatlheng addressed what he perceived as a lack of decorum in court.
Judge Ratha Mokgoatlheng during the Senzo Meyiwa murder trial at Pretoria High Court on 17 July 2023. Picture: Gallo Images/Phill Magakoe
Judge Ratha Mokgoatlheng is facing criticism over 'racially charged' comments made during the Senzo Meyiwa murder trial on Thursday.
The trial resumed at the Gauteng High Court in Pretoria, with the cross-examination of lead investigator Brigadier Bongani Gininda by Advocate Charles Mnisi on behalf of accused one, Muzikawukhulelwa Sibiya.
His line of questioning drew sharp criticism from Mokgoatlheng following Mnisi's comment during Wednesday's proceedings, in which he referred to Gininda's former colleague, retired Colonel Mhlanganyelwa Moses Mbotho, as the 'dumbest cop in South Africa'.
The judge reprimanded Mnisi, calling the remark an 'insult'.
Tensions rise in Senzo Meyiwa murder trial
On Thursday, Mokgoatlheng addressed what he perceived as a lack of decorum in how defence lawyers refer to witnesses without using official titles.
'Somebody made a comment that if Mandela comes here and gives evidence, he is Mr Mandela or something like that.
'This is what happens in this court, people telling the judge you are mad,' he said.
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The judge contended that his previous ruling on how to address witnesses was disregarded.
'I was told to go jump into the sea.'
He further commented on the conduct of black legal professionals.
'When I make remarks about our black counsels, attorneys and maybe even judges, I'm told 'you are crazy, you think you are better than other people'.'
Judge rants about Senzo Meyiwa murder trial delays
Mokgoatlheng also expressed frustration that Mnisi had communicated his unavailability for Monday's sitting to the judge's registrar.
Mnisi will be participating in the Comrades Marathon in KwaZulu-Natal (KZN) over the weekend and is expected to drive back to Gauteng on Monday.
Attorney Sipho Ramosepele defended Mnisi's method of communication, saying it is standard practice for the defence to correspond through the registrar.
This view was supported by state prosecutor George Baloyi.
'If Mr Mnisi doesn't want to come to court on Monday, that's his business. I will be in court,' Mokgoatlheng responded.
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The judge referenced the public's growing frustration with the drawn-out trial, citing sentiments such as 'justice delayed is justice denied', '10 years no justice', and the ongoing distress of the Meyiwa family.
'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.'
He said he would need to justify the lack of proceedings on Monday to Gauteng High Court Judge President Dunstan Mlambo.
Mokgoatlheng added: '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.'
Judge criticised over remarks
The Good party has strongly condemned Mokgoatlheng's comments, calling them 'racially charged' and 'deeply concerning.'
The party emphasised the need for the trial to be handled with 'utmost seriousness and integrity.'
'While the judge's frustration over delays in this long-running and emotionally charged trial may be understandable, resorting to racially divisive language is entirely unacceptable.
'It undermines the integrity of the judiciary and risks inflaming already fragile race relations in South Africa,' Good secretary-general Brett Herron said in a statement on Thursday.
'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.'
Herron has called on the Judicial Service Commission (JSC) to investigate the judge's remarks.
This is not the first time Judge Mokgoatlheng has faced criticism over his remarks.
He previously issued an apology following comments about black lawyers, made while criticising the late defence lawyer Thulani Mngomezulu for his absence.
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