A visibly upset Judge Ratha Mokgoatlheng said he drove to court “like a fool” after advocate Thulani Mngomezulu failed to inform him that he won’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. The matter is being heard in the North Gauteng High Court in Pretoria.
On Wednesday, State prosecutor advocate George Baloyi told the court that he was informed that Mngomezulu was in another matter and the trial could continue in his absence, adding that he doesn’t have an issue 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 around 9:30am telling her that he won’t be available and they can 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 will be represented by advocate Mngomezulu.
“My lord, in the 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. So I don’t know which other colleague was requested to stand in for him and he never contacted me personally,’’ he said.
Appearing livid, Mokgoatlheng asked Ramosepele whether ethics were still being taught at the university or when lawyers are in training.
“Because look at what you are telling me. He informs advocate Mshololo to tell you to stand for him, he doesn’t inform the court, the judge is irrelevant,” he said pointing at himself.
“...If he had phoned me, I wouldn’t have driven from Krugersdorp to come here. I would have phoned deputy judge president to call another judge to come here and explain to you and postpone the matter to the pleasure of Mr Mngomezulu. In the meantime, I would have been doing some work, going through the evidence of this case, its been eight months.
“Now I drive like a fool from Krugersdorp to come here only be told this...The attorney or advocate involved doesn’t even phone me, you know today you can even send an SMS even if he doesn’t want to speak to me, you can send an SMS or Whatsapp,” said the irate judge.
Proceedings continued without Mngomenzulu and the State called two witnesses, Sergeant Matsobane Maphakela and court interpreter Evelyn Mothlapeng.
Mothlapeng was present when Ntanzi confessed before magistrate Vivian Cronje and Maphakela took pictures of the pointing-out made by Sibiya.
Mothlapeng said was responsible for she interpreting Ntanzi's confession and she read it back to him to ensure he was satisfied with its content.
The matter has been postponed to Friday.
brenda.masilela@inl.co.za
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