Judge offers to recuse himself from Senzo Meyiwa murder trial after racial remarks

The Citizen

2 days ago

Judge Ratha Mokgoatlheng publicly apologised for his conduct in court.
Judge Ratha Mokgoatlheng during the Senzo Meyiwa murder trial at Pretoria High Court on 17 July 2024. Picture: Gallo Images/Phill Magako
Judge Ratha Mokgoatlheng has apologised for his controversial racial remarks and says he is prepared to recuse himself from the Senzo Meyiwa murder trial.
His apology follows widespread public backlash, including criticism from parliament.
The controversy erupted after Mokgoatlheng harshly criticised Advocate Charles Mnisi, who had excused himself from Monday's session to participate in the Comrades Marathon in KwaZulu-Natal (KZN).
The judge's comments included a strong condemnation of black lawyers, during which 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.'
His remarks prompted calls for the Judicial Services Commission (JSC) to investigate his conduct.
Senzo Meyiwa murder trial judge apologises
During proceedings at the Gauteng High Court in Pretoria on Monday, Mokgoatlheng publicly apologised for his remarks.
'I have been 26 years on the bench, I have never ever behaved the way I did,' the judge said.
He explained that Gauteng High Court Judge President Dunstan Mlambo had reprimanded him, stating that his behaviour was 'not befitting' for someone of his experience and stature.
'I agreed. My conduct was questionable and incorrect. My wife also told me to apologise to the whole of South Africa,' Mokgoatlheng said.
'I wish to tender my sincere apologies. It's contrary to my nature to do that.'
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He shared that his son, an advocate who recently passed away from cancer, would have been disappointed by his behaviour.
'I heartily and unreservedly apologise to my colleagues and to the accused.'
Responding to accusations of racism, Mokgoatlheng briefly reflected on his past as an anti-apartheid activist.
'If people say I am a racist, maybe I'm not aware of that, but if I trampled on anybody's toes because of my racism… I wish to apologise for being a racist.
'I'll try and mend my ways, but I can tell you it's not a conscious thing about me to be a racist.'
Judge to recuse himself from Senzo Meyiwa murder trial?
He went on to address the accused directly, saying he would step down from the case if they doubted his fairness.
'The gentlemen in front of me, if you believe that, as a judge, I'm useless, dumb [or a] moegoe, and you think you can't get a fair trial from me, please tell me I will recuse myself.
'I don't want to impose myself on people who doubt my integrity, honour and dignity. And I mean it.'
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The judge also extended his apology to political leaders.
'I'm told that the politicians are worried about me and want to summon me to Parliament. Don't know for what.'
This is not the first time 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.
Charges
Five accused – Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthokoziseni Maphisa, Mthobisi Mncube, and Fisokuhle Ntuli – are on trial for Meyiwa's murder.
The former Bafana Bafana captain and Orlando Pirates goalkeeper was fatally shot on 26 October 2014 while visiting his then-girlfriend, singer Kelly Khumalo, at her family's home in Vosloorus, Ekurhuleni.
The accused have been charged with murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition.
The suspects have pleaded not guilty.
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