Judge apologises for 'black lawyers' comment

Judge Ratha Mokgoatlheng, who is presiding over the Senzo Meyiwa murder trial, has apologised and withdrawn comments he made about black lawyers in court last week. As reported in Legalbrief Today, the remarks were in response to defence lawyer Thulani Mngomezulu failing to pitch up in the Gauteng High Court (Pretoria) and also failing to formally communicate his absence. Mokgoatlheng said: ‘Is this how black lawyers behave, some of them?’ TimesLIVE reports as proceedings got under way on Friday, Mokgoatlheng tendered an apology. ‘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 judge was aware the Black Lawyers Association (BLA) wanted a meeting with him after his comments but said he was unable to meet them as this could affect his future in the case. ‘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,’ he said.

The judge added: ‘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.’ The TimesLIVE report notes Mngomezulu also penned a letter of apology to the court for his failure to report his absence earlier in the week.