A visibly upset Judge Ratha Mokgoatlheng said he drove to court “like a fool” after advocate Thulani Mngomezulu failed to inform him that he wouldn’t be available and instead sent a message to one of the defence attorneys.
Mokgoatlheng is presiding over the murder trial of then-Bafana Bafana captain Senzo Meyiwa in the North Gauteng High Court in Pretoria.
On Wednesday, State prosecutor advocate George Baloyi told the court he was informed that Mngomezulu was involved in another matter and the trial could continue in his absence, adding that he doesn’t have an issue with missing evidence from the two witnesses.
Mokgoatlheng was not happy with Mngomezulu’s conduct.
“Is this how black lawyers behave, some of them? How can you tell a judge you are unable to proceed today because you said the two witnesses were short witnesses?
“He doesn’t know what they said. He has to read the evidence of those two witnesses, prepare and come here. He says, ‘I don’t have a problem with the evidence of those two witnesses’.
“Why doesn’t he phone me? This is what counsel or an attorney who has ethical standards does. I get a message through my registrar. The attorney or advocate himself doesn’t phone the judge and the judge must smile because he is black?” said the visibly upset judge.
Advocate Zandile Mshololo told the court that she received a message from Mngomezulu at around 9.30am telling her that he would not be available and they could continue without him.
Mshololo further mentioned that Mngomezulu told her to ask advocate Sipho Ramosepele to represent his client, accused one, Muzikawukhulelwa Sibiya.
Ramosepele addressed Mokgoatlheng and said he won’t be in a position to represent Sibiya.
Sibiya terminated Ramosepele’s services early this month and informed the court that he would be represented by advocate Mngomezulu.
“My lord, in light of the experience that we had, I’m not in a position to stand in for Mngomezulu because I’m conflicted in that instance. I don’t know which other colleague was requested to stand in for him. He never contacted me personally,” he said.
Appearing livid, Mokgoatlheng asked Ramosepele whether ethics were still being taught at the university.
The matter’s postponed to Friday.
brenda.masilela@inl.co.za
Cape Argus