Parliament demands Judge Ratha Mokgoatlheng to apologise for racial comment after advocate skips trial for Comrades Marathon

The chairperson of the portfolio committee on Justice and Constitutional Development, Xola Nqola, has demanded Judge Ratha Mokgoatlheng to apologise to the national over the racially charged comment he made in court on Thursday.

Mokgoatlheng made the comment after advocate Charles Mnisi requested 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," said Mokgoatlheng.

Nqola said the comments border on racism and added that the statement was unacceptable.

"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," said Nqola.

Nqola added that Mokgoatlheng's frustration was understandable, however, it's 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 that Judge Mokgoatlheng withdraws his comments and apologise to the nation."

Earlier, Mokgoatlheng, visibly furious, made it clear that the seriousness of the Senzo Meyiwa murder trial could not be sidelined for personal activities.

"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 expects me to be in court," said Judge 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.

"Judge Stoker also is an athlete, but he'll never take time to say, I'm not coming to court because I'm going to be running the marathon. Never," he said.

He added that others make arrangements to use part of their leave during that time, so they do not interfere with the court’s timetable.

Drawing on his own experience in the legal system, Mokgoatlheng recalled: “Mathopo, we used to alternate with this principle when you are serving articles. The same thing with Judge Mbha. They're juniors to me. Even the JP himself, when I was already admitted, he was serving articles.”

Mokgoatlheng highlighted the gravity of the Meyiwa case and the prolonged suffering of the victim’s family. 

“In this case, people are talking justice delayed, justice denied, 10 years, no justice, cases just dragging on. The family is distraught. The brothers, the relatives, I mean, the accused themselves. They've been two to three years in custody.”

The judge lashed out at the decision to allow Mnisi to leave court, calling it unacceptable: “And here's this stupid judge called Mokgoatlheng. He'll allow a person who's representing two of the accused here to go and run a marathon. I must go and tell the JP.”

sinenhlanhla.masilela@iol.co.za

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