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.
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"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.
"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.
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.
jonisayi.maromo@iol.co.za
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