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The Citizen
4 days ago
- Politics
- 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
IOL News
5 days ago
- Politics
- IOL News
Law Society tackles Judge Ratha Mokgoatlheng over racially charged courtroom outburst
Presiding judge in the Senzo Meyiwa murder trial, Ratha Mokgoatlheng has sparked outrage following his court outburst. Image: Simphiwe Mbokazi/Independent Newspapers The Law Society of South Africa is taking on presiding judge in the Senzo Meyiwa murder trial, Ratha Mokgoatlheng following his court outburst where he made several remarks with racial undertones. Mokgoatlheng on Thursday expressed outrage in court after learning that defence advocate Charles Mnisi has written to his registrar, requested 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. Mokgoatlheng made the comment after advocate Charles Mnisi requested to be excused from proceedings on Monday to participate in the Comrades Marathon. 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. 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 Next Stay Close ✕ "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. Advocate Charles Mnisi Image: Oupa Mokoena/Independent Newspapers Speaking to broadcaster Newzroom Afrika, president of the Law Society of South Africa, Nkosana Mvundlela said Mokgoatlheng's remarks were out of line. '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. It is very saddening that almost 11 months ago, we were addressing the very same issue of these disparaging remarks that are made by a judge presiding in this matter,' said Mvundlela. 'It cannot be correct that judicial officers sit there and instead of addressing issues which they are unhappy with, the conduct of a practitioner who has written a letter or a note to them or via a registrar as they ought to and then they read it out to the public. 'In an unprovoked manner, a person then goes out and makes such unfortunate remarks. It is a sad day in South Africa that we are sitting with this kind of a conversation,' he said. Mvundlela said Mokgoatlheng's black and white comparisons cannot be divorced from racial connotations. 'It is a sad race remark which we call on to find a way of desisting from this thing particularly because it is a repeat conduct which we have already lamented about last year. It is rearing its ugly head again in his court. We would have expected him to understand that from where we sit as the Law Society of South Africa, we strive every day with our members - white, black, Indians and coloureds to ensure that we unite them,' said Mvundlela. 'Instead, a presiding officer sits there and draws comparisons of race undertones suggesting that it is because of your colour that you are thinking this way or that way. It is not something that we would not like to condone.' Mvundlela said as Mnisi had done, ethically, officers of the court are expected to address the judge through the registrar. The Law Society of South Africa reiterated that it does not understand why the judge took exception with Mnisi writing to the judge's registrar, seeking to be excused from court. 'I wouldn't somewhat decry those that feel that it is about time the matter is reported to the JSC (Judicial Service Commission) and the Judicial Conduct Committee must investigate this kind of conduct and make a finding about it, because if judicial officers are the ones going to be speaking against the Constitution, making racist remarks or any remarks that have an undertone of race in them to depict ability, inability or conduct akin to unacceptability, then we find it normal as society that we must accept it," said Mvundlela. 'We should actually call it what it is. When judicial officers are presiding, their job is to ensure 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." On Thursday night, IOL reported that chairperson of the portfolio committee on Justice and Constitutional Development, Xola Nqola, has demanded that Mokgoatlheng apologises to the national over the racially charged comments.
