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Black Lawyers Association demands more than an apology from Judge Mokgoatlheng
Black Lawyers Association demands more than an apology from Judge Mokgoatlheng

IOL News

time4 hours ago

  • Politics
  • IOL News

Black Lawyers Association demands more than an apology from Judge Mokgoatlheng

Judge Ratha Mokgoatlheng has apologised over racially charged comments he made when one of the advocates requested to miss court to run the Comrades marathon. Image: Oupa Mokoena / Independent Newspapers AN apology alone, is not good enough, the Black Lawyers Association (BLA) said in response to Presiding judge in the Senzo Meyiwa murder trial, Ratha Mokgoatlheng's apology on Monday following his court outburst where he made several remarks with racial undertones. Last week, Judge 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. "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," he said. The BLA did not take the comments lightly, calling out Judge Mokgoatlheng for launching 'an extremely unfortunate attack on black lawyers'. They gave him seven days to withdraw his comments, threatening further action if he failed to do so. 'What the Judge might not be aware of is that the attacks on black lawyers are not only distasteful but threaten our economic survival as law is our business. We strongly reject the assertion made by Judge Mokgoatlheng that seeks to compare black and white lawyers in the carrying out of their duties, especially in court. What is indisputable is that black lawyers are extremely capable, excellent and high level professionals. Our democratic set up has no place for the kind of Presiding Judge Mokgoatlheng represents,' the BLA said. 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. 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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 ✕ As the court session resumed on Monday, the judge made a public apology. "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 those 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,' the judge said. Judge Mokgoatlheng said he wished to tender his "sincerest" apologies because the way he had behaved was contrary to his nature. In response to Judge Mokgoatlheng's apology, the BLA said while it was welcomed, it was not good enough given the severity of what was said. The BLA planned to reach out to call for further engagement on the issue. 'We welcome (the apology) but there must be a deeper conversation about what the judge has raised. Maybe we are not understanding the context. I personally want to understand how he thinks in terms of the issues of black lawyers. Once you start questioning the ability of practitioners on the basis of skin colour, you are raising a different topic altogether. I don't want to assume he is saying he does not trust in the abilities of black lawyers because there are exceptional legal minds out there, including him who is a judge today. He can't be casting aspersions on himself, that's why I'm saying a deeper conversation is needed,' BLA secretary general, Takalani Chris Mamathuntsha said.

Presiding Judge in Meyiwa trial willing to recuse himself if lawyers believe he's biased
Presiding Judge in Meyiwa trial willing to recuse himself if lawyers believe he's biased

Eyewitness News

time18 hours ago

  • Politics
  • Eyewitness News

Presiding Judge in Meyiwa trial willing to recuse himself if lawyers believe he's biased

PRETORIA - The presiding judge in the Senzo Meyiwa trial has invited lawyers in the matter to apply for his recusal if they believe he is unfit to run the trial Judge Ratha Mokgoatlheng made an extensive apology for the race-based comments he made in court last week. As he rebuked a lawyer for asking for time off to run the comrades marathon, Mokgotlheng made comments about black lawyers and South Africa being run by blacks. The judge has since apologised for the comments. ALSO READ: If Judge Mokgoatlheng recuses himself from the trial, the matter would have to start from scratch for a third time, and a third judge would be appointed to preside. On Monday, Judge Mokgoatlheng, who has come under fire for his race-based comments, apologised and also extended an invitation to the lawyers before him. 'If you believe that I, as a judge, am so useless, dumb, 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.' Judge Mokgoatlheng, who has been accused of being racist, gave a detailed apology for his comments and went to great lengths to give reasons why he is not. 'If I trampled on anybody's toes because of my racism, despite being in adherence to the Freedom Charter of 1955, I was there in Kliptown with my father, I wish to apologise for being a racist. I will try and mend my ways,but I can tell you, it's not a conscious thing about me to be a racist.' He extended his apology to all South Africans, all judges, and in particular, Chief Justice Mandisa Maya.

Reprimanded Judge Ratha Mokgoatlheng apologises for outburst
Reprimanded Judge Ratha Mokgoatlheng apologises for outburst

The Herald

timea day ago

  • Politics
  • The Herald

Reprimanded Judge Ratha Mokgoatlheng apologises for outburst

Judge Ratha Mokgoatlheng has issued a public apology after a courtroom outburst at a lawyer which some deemed racist. Mokgoatlheng was furious last week when defence advocate Charles Mnisi asked to be excused from court on Monday to accommodate his travel plans for the Comrades Marathon. 'I don't think a white advocate can have the gall to ask me that,' the judge said. Mnisi, who ran and completed the ultra-marathon on Sunday, was absent from court on Monday. Attorney Sipho Ramosepele stood in for him. Addressing the court on Monday, the judge said he regretted his remarks. 'I have never behaved the way I did,' he said, referring to 26 years as a judge and 30 years as an attorney. He said the judge president and deputy judge president had spoken to him and the JP had rightfully reprimanded him. 'I agree, my conduct was questionable and incorrect.' Mokgoatlheng also shared that his wife urged him to apologise publicly, saying his actions were worse than those of lawyers accused of stealing money from Road Accident Fund clients. 'She told me I should apologise to the whole of South Africa,' he said. He mentioned his late son, an advocate who died of cancer, saying his son would have been disappointed in his conduct. 'I apologise to the accused, the lawyers, the public, the judges, magistrates, students, religious leaders — to everyone in South Africa who felt hurt or insulted by my actions,' he said. Responding to claims that he was a racist, Mokgoatlheng said he found this to be hurtful and untrue. He spoke about his upbringing in a politically active household, where leaders such as Nelson Mandela and Walter Sisulu would often visit. He also listed several respected South Africans who know him personally. 'If people say I'm a racist, maybe I'm not aware of that, but I apologise.' The judge invited the accused in court who believed they could not get a fair trial from him to say so. 'If you think I am not fit to be your judge, please tell me and I'll recuse myself.' TimesLIVE

Meyiwa trial: Judge Ratha Mokgoatlheng apologises for race-based remarks
Meyiwa trial: Judge Ratha Mokgoatlheng apologises for race-based remarks

Eyewitness News

timea day ago

  • Politics
  • Eyewitness News

Meyiwa trial: Judge Ratha Mokgoatlheng apologises for race-based remarks

JOHANNESBURG - The presiding judge in the Senzo Meyiwa trial opened Monday's proceedings with an apology for race-based remarks he recently made. Last week, Judge Ratha Mokgoatlheng drew widespread outrage after he rebuked Advocate Charles Mnisi for asking for leave as he would be running the comrades marathon. Mnisi had sent a message to the court's registrar that he would be returning from KwaZulu-Natal after running Sunday's Comrades Marathon. "This is South Africa, run by blacks. I can tell you now, even if you call me an Uncle Tom, I don't think a white advocate would have the gall to ask me that. Never," said Mokgoatlheng. Lawyers and Parliament's Justice Committee called for him to withdraw his comments and issue a public apology. On Monday, Mokgoatlheng gave a detailed apology for his conduct.

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

The Citizen

timea day ago

  • Politics
  • The Citizen

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

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.' ALSO READ: Justice committee chair slams Mokgoatlheng's 'unfortunate' comments in Meyiwa trial 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.' READ MORE: 'No proper investigation was done': Defence frustrated over missing evidence in Senzo Meyiwa murder trial 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. NOW READ: 'That is the law': Judge intervenes as lawyers squabble in Senzo Meyiwa murder trial

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