Judge Ratha Mokgoatlheng, who is presiding over the murder trial of Bafana Bafana star Senzo Meyiwa, has apologised and withdrawn comments he made regarding the conduct of some black lawyers.
Mokgoatlheng made the comments on Wednesday after advocate Thulani Mngomezulu missed court and failed to communicate his absence with him, but instead sent one the defence attorneys a text and told them to continue without him.
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.
On Friday, before starting the proceedings in the North Gauteng High Court in Pretoria, Mokgoatlheng made 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.
Mokgoatlheng added that he was aware that the Black Lawyers Association wanted to arrange a meeting with him, following his utterances.
“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,” he said.
Mokgoatlheng said the five accused are represented by five counsel and the State also has its representatives and he also has a duty to execute his functions without fear or favour or prejudice.
Meanwhile, Mngomezulu also handed a letter apologising for his absence in court.
brenda.masilela@iol.co.za
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