Judge makes apologies
BLACK LAWYER RANT: ILL-ADVISED, ILL-CONSIDERED, OFFENSIVE, HE SAYS
Council for accused in Meyiwa case absent from court.
Judge Ratha Mokgoatlheng yesterday started proceedings in the Senzo Meyiwa murder trial in the High Court in Pretoria with an apology for his comments about black lawyers.
This after the Black Lawyers Association requested a meeting with him over the comments.
On Wednesday, the judge was informed that proceedings would have to continue in the absence of advocate Thulani Mngomezulu, legal counsel for first accused Muzikawukhulelwa Sibiya.
In anger, Mokgoatlheng said in part: “Is this how black lawyers behave? Maybe we should just tell the truth about how black lawyers behave. Some of them. How can you tell a judge that you are unable to proceed today because you have no issues with the two witnesses who are coming? He still has to read the evidence, prepare and then come here.”
Mngomezulu has apologised for his nonappearance in court.
He explained in his apology that he had to take another matter on an urgent basis because he had not received payment for representing Sibiya for the past five months.
Mokgoatlheng yesterday withdrew the comments and apologised to the court.
“On Wednesday I made certain comments or utterances arising from the conduct of this trial. Subsequently, because of the news I came to know that the Black Lawyers Association is apparently saying that it wants to arrange a meeting with me,” he said.
“I don’t have a problem with that, but the law precludes me from meeting the Black Lawyers Association because they want to have a meeting with me regarding my presiding in a case which is continuing, and they are not parties to that case.
“The parties to the case are the five gentlemen here who are represented by five councils and attorneys, and the state represented by Mr [Ronnie] Sibanda and Mr [George] Baloyi. I’m sure we all know a judge is supposed to execute his functions without fear or favour or prejudice. He’s got to be independent, objective in the exercise of his authority in court.
“The law does not allow a judge during a presiding of a case which is continuing and is not yet finalised, to meet with a body or persons and have a discussion on any matter which arises from conduct of the case.”
Mokgoatlheng said if he were to meet with the Black Lawyers Association, the accused could bring an application for his recusal because they wouldn’t be present in the meeting.
“But on reflection, and after some thought, I admit that my comments could be interpreted as ill advised, ill considered and offensive. If that is the perception of the accused and their representatives and the public, I want to state I unreservedly, without any conditions, withdraw the comments I made.”