'My wife said I must apologise': Inside Judge Mokgoatlheng's apology for courtroom outburst
Judge Ratha Mokgoatlheng has apologised over his recent conduct.
Image: File/Independent Media
Presiding judge in the Senzo Meyiwa murder trial, Ratha Mokgoatlheng on Monday apologised following his court outburst where he made several remarks with racial undertones last week.
The judge made his apology in court, as the court session resumed on Monday morning, where five men are on trial for the 2014 murder of Bafana Bafana star Senzo Meyiwa.
"There is one thing I must attend to, all of us I am sure we read newspapers. It is proper that I should address this issue. Initially I want to say, I have been 26 years on the bench, as an acting judge, and as a judge. I have never ever behaved the way I did (on Thursday). I have been 30 years as an attorney before I became a judge," the judge addressed the people in court.
"I spoke to the JP (judge president) and the JP spoke to me together with the DJP. The JP rightfully excoriated me for my conduct, that it is not befitting of a judge of my experience and my stature that I should have behaved like I did. And I agree, my conduct was questionable and incorrect.
"My wife also, who I thought is afraid of me, told me that I should apologise to the whole of South Africa because I am worse than the attorneys who apparently steal the monies of clients in the RAF (Road Accident Fund) matter. She was reading the newspaper the other day about the fact that attorneys apparently (steal from clients) and they are colourless, they stole about R1.5 billion of RAF funds which belong to clients.
Mokgoatlheng said he wished to tender his "sincerest" apologies because the way he had behaved was contrary to his nature.
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"I have a son who died recently, who is an advocate. He is older than you Ms Mshololo (defence advocate Zandile Mshololo), he was born in 1968. He died because of leumphatic cancer. I think he also would have been disappointed at my conduct. That is why I say I heartily and unreservedly, with no qualification, apologise to my colleagues here, to the gentlemen in front of me (the accused)," said the judge.
"I have also been accused of being a racist. I want to talk one or two things about me as a person without being a lawyer. I grew up in the house of Moses Kotane. Nelson Mandela used to come at home, Walter Sisulu, even Robert Sobukwe before he broke away from the ANC (African National Congress). My father was involved as a member of the ANC and the Communist Party. He would be mortified to hear that I am a racist," he said.
Last week, Mokgoatlheng expressed outrage in court after learning that defence advocate Charles Mnisi had written to his registrar, requesting to be excused from proceedings on Monday, to participate in the Comrades Marathon.
The judge, visibly furious, made it clear that the seriousness of the Meyiwa murder trial could not be sidelined for personal activities. The judge also sharply raised the issue of decorum among the defence lawyers representing the five men accused of killing Meyiwa. Get your news on the go, click here to join the IOL News WhatsApp channel.
"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," said Mokgoatlheng.
"I'm not going to respond. If Mr Mnisi doesn't want to come to court on Monday, that's his business. I will be in court and the JP (judge president) expects me to be in court," said Mokgoatlheng.
"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 referenced several other judges who are athletes, including Judge Boissie Mbha and Constitutional Court Judge Rammaka Mathopo, pointing out that none of them have ever let athletic commitments interfere with their judicial responsibilities.
Last week, IOL reported that the Law Society of South Africa has expressed concerns following Mokgoatlheng's courtroom outburst.
jonisayi.maromo@iol.co.za
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Judge Ratha Mokgoatlheng has apologised over his recent conduct. Image: File/Independent Media Presiding judge in the Senzo Meyiwa murder trial, Ratha Mokgoatlheng on Monday apologised following his court outburst where he made several remarks with racial undertones last week. The judge made his apology in court, as the court session resumed on Monday morning, where five men are on trial for the 2014 murder of Bafana Bafana star Senzo Meyiwa. "There is one thing I must attend to, all of us I am sure we read newspapers. It is proper that I should address this issue. Initially I want to say, I have been 26 years on the bench, as an acting judge, and as a judge. I have never ever behaved the way I did (on Thursday). I have been 30 years as an attorney before I became a judge," the judge addressed the people in court. "I spoke to the JP (judge president) and the JP spoke to me together with the DJP. The JP rightfully excoriated me for my conduct, that it is not befitting of a judge of my experience and my stature that I should have behaved like I did. And I agree, my conduct was questionable and incorrect. "My wife also, who I thought is afraid of me, told me that I should apologise to the whole of South Africa because I am worse than the attorneys who apparently steal the monies of clients in the RAF (Road Accident Fund) matter. She was reading the newspaper the other day about the fact that attorneys apparently (steal from clients) and they are colourless, they stole about R1.5 billion of RAF funds which belong to clients. Mokgoatlheng said he wished to tender his "sincerest" apologies because the way he had behaved was contrary to his nature. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ "I have a son who died recently, who is an advocate. He is older than you Ms Mshololo (defence advocate Zandile Mshololo), he was born in 1968. He died because of leumphatic cancer. I think he also would have been disappointed at my conduct. That is why I say I heartily and unreservedly, with no qualification, apologise to my colleagues here, to the gentlemen in front of me (the accused)," said the judge. "I have also been accused of being a racist. I want to talk one or two things about me as a person without being a lawyer. I grew up in the house of Moses Kotane. Nelson Mandela used to come at home, Walter Sisulu, even Robert Sobukwe before he broke away from the ANC (African National Congress). My father was involved as a member of the ANC and the Communist Party. He would be mortified to hear that I am a racist," he said. Last week, Mokgoatlheng expressed outrage in court after learning that defence advocate Charles Mnisi had written to his registrar, requesting to be excused from proceedings on Monday, to participate in the Comrades Marathon. The judge, visibly furious, made it clear that the seriousness of the Meyiwa murder trial could not be sidelined for personal activities. The judge also sharply raised the issue of decorum among the defence lawyers representing the five men accused of killing Meyiwa. Get your news on the go, click here to join the IOL News WhatsApp channel. "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," said Mokgoatlheng. "I'm not going to respond. If Mr Mnisi doesn't want to come to court on Monday, that's his business. I will be in court and the JP (judge president) expects me to be in court," said Mokgoatlheng. "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 referenced several other judges who are athletes, including Judge Boissie Mbha and Constitutional Court Judge Rammaka Mathopo, pointing out that none of them have ever let athletic commitments interfere with their judicial responsibilities. Last week, IOL reported that the Law Society of South Africa has expressed concerns following Mokgoatlheng's courtroom outburst. IOL News
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The first such request came from an alumnus who wrote to the governing body in 2018. He described the name as 'insensitive and inappropriate' and demanded that the school change its name. The school received two more letters in a similar tone in September 2019 from a parent of two learners. Subsequently, a group of alumni calling themselves 'DF Malan Must Fall' joined the fray. The arguments by the appellants against the name change included that the consultation process during March 2021, which was facilitated by the steering committee members, did not concern the primary issue of the school's name. According to them, it had by then mutated into a debate about 'the school we dream of' and the identity of the school. The appellants contended that that procedure was devised to stifle debate about the question of whether the school's name should be changed. Participants at the discussion groups were therefore not allowed to debate that issue, they argued. 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