THE prolonged case of Senzo Meyiwa had Judge Ratha Mokgoatlheng, who is presiding over it, at wits’ end.
This follows an outburst the Judge made towards black lawyers, citing“Is this how black lawyers behave, some of them?” on Wednesday, when one defence lawyer Thulani Mngomezulu, failed to pitch up in the high court in Pretoria and also failed to formally communicate his absence.
Mngomezulu called one of the other defence lawyers, advocate Zandile Mshololo, a few minutes before court proceedings, informing her of his absence and asking that she inform another lawyer, Sipho Ramosepele, to stand in for him.
This prompted Mokgoatlheng’s reaction: “Is this how black lawyers behave, some of them?”
The no-nonsense Judge has also tendered his apology before proceedings on Friday.
“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, I unreservedly withdraw the comments,” he said.
“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, I unreservedly withdraw the comments,” he said.
The Black Lawyers Association has also called for Judge Mokgoatlheng for a meeting.
“I don’t have a problem with that but the law precludes me from meeting the BLA because they want to have a meeting with me regarding my presiding in a case which is continuing. They are not parties to that case.
The parties to the case are the five gentlemen here who are represented by five counsels and attorneys and the state represented by advocates Ronnie Sibanda and George Baloyi,” he said.
“A judge is supposed to execute his functions without fear, favour or prejudice and has to be independent, objective in the exercise of his authority in court. Consequently, judicial protocol and the law does not allow a judge while presiding in a case that is continuing and not yet finalised to meet a body or people and have a discussion in any matter which arises from the conduct of the case. The law does not permit that.
“If I did that, the accused before the court could bring an application for my recusal because they wouldn’t be present in that meeting which the BLA wants to have with me. They could also apply for the quashing of the proceedings on the basis that they are unconstitutional upon me having entertained a discussion with a legal fraternity body.”
Mngomezuli has since written an apology letter as well.
The trial within trial case continues.
Image (Judge Ratha Mokgoatlheng has since apologised after an outburst towards Black Lawyers).
