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Judge asked to retract generalised race-based remarks
Judge asked to retract generalised race-based remarks

The Herald

time4 days ago

  • Politics
  • The Herald

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

Meyiwa trial becomes a courtroom spectacle without justice
Meyiwa trial becomes a courtroom spectacle without justice

The Citizen

time6 days ago

  • General
  • The Citizen

Meyiwa trial becomes a courtroom spectacle without justice

The Senzo Meyiwa trial has turned into a legal performance filled with theatrics, questionable rulings and conflict of interest. General view during the unveiling of Senzo Meyiwa's tombstone at Chesterville Cemetery on 10 November 2020 in Durban. Picture: Gallo Images/Darren Stewart The Senzo Meyiwa murder trial continues to teeter between comedy and tragedy at the High Court in Pretoria. National icon Meyiwa was murdered in cold blood in front of a number of witnesses in 2014. The resultant legal circus being screened on national television lately at the moment is leaving viewers with many lingering unanswered questions. The spectacle that started with the initial presiding officer, Judge Tshifhiwa Maumela, seems to have found its way under the current presiding officer, Judge Ratha Mokgoatlheng. If ever there was a case where the interests of justice, logic, common sense and Solomonic wisdom yearned – if not screamed – for the trial to start afresh (de novo) before a new judge, and for the five accused persons to be each represented by separate counsel, it is the Meyiwa murder trial. There is a lot that has been said and done in that courtroom in the full glare of news television cameras that dictate that this trial starts afresh before another judge. ALSO READ: 'No proper investigation was done': Defence frustrated over missing evidence in Senzo Meyiwa murder trial So far, the trial has not showcased the machinations of our justice system in action in a favourable light. One has witnessed theatrics and conduct unbecoming from the Bench and the Bar itself. Some rulings from the Bench and unsalutary comments have been made. Not all within the Bench have the necessary acumen, temperament, patience, diligence, forensic skills and tact to restrain themselves from vying for attention to win the Oscar performance for the best actor of the show. It is not the duty of the Bench to upstage any of the legal representatives appearing before it. After all, legal representatives are creatures of instructions, no matter how ridiculous the legal mandate seems to the listening spectators. The palpable bias from the Bench leaning towards the prosecution has emboldened some counsel to even threaten to quit, while the state keeps on making objections on issues where the court should exercise latitude for cross-examination. Potential conflict of interest, in itself, is sufficient for a discerning court to insist on separate defence representation. Here in this case you have two of the accused persons having made some self-incriminating admissions and confessions implicating their co-accused person. ALSO READ: Senzo Meyiwa murder trial postponed as defence seeks more evidence from state Is that not in itself real prejudice and well-grounded conflict of interest? The problem in this case is that the Bench and the Bar seem to be enjoying the news television cameras too much, at the detrimental expense of the fairness of the trial to both the prosecution and defence. Unfortunately, the Meyiwa murder trial will be remembered for the many wrong things that went down instead of solving one of the most unfortunate tragedies that befell a former goalkeeper and captain of our national team. To those versed in superstition and conjecture, it is as if the trial itself is jinxed. I rest my case.

Legal Practice Council witness to take the stand in Meyiwa trial
Legal Practice Council witness to take the stand in Meyiwa trial

Eyewitness News

time26-05-2025

  • Eyewitness News

Legal Practice Council witness to take the stand in Meyiwa trial

JOHANNESBURG - A witness from the Legal Practice Council is expected to take the stand on Monday morning in the Senzo Meyiwa trial. Five men are being tried for the Bafana Bafana captain's 2014 murder. Meyiwa was shot at the home of his then-girlfriend, Kelly Khumalo, in what the State believes was a hit. Last week, the testimony by the lead investigator Brigadier Bongani Gininda was paused after requests were made by the lawyer for the first accused, Muzi Sibiya. Last week, Advocate Charles Mnisi asked for more data from the tracking devices installed in some of the police cars that were used to transport Sibiya. READ: Meyiwa murder trial: Defence lawyer tells court to expect more adjournment requests Judge Ratha Mokgoatlheng then expanded the request, asking that the AVL data of all the cars involved in transporting the accused be made available. While it was clear that the State would need time to secure this data, the testimony of Gininda was postponed until it is available. Prosecutor George Baloyi then told the court that another witness, an attorney from the Legal Practice Council, would be called to testify from Monday. At the same time, Mnisi told the court that he would want two State witnesses to be called back to the witness stand - an application that Judge Mokgoatlheng also asked all the parties to address him on Monday morning.

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