News24 | Senzo Meyiwa trial judge apologises for racial remarks

Judge Ratha Mokgoatlheng has apologised for racial comments he made during the Senzo Meyiwa murder trial last week.

• On Monday, Judge Ratha Mokgoatlheng apologised for making controversial racial remarks which sparked public and political criticism during the Senzo Meyiwa trial.
• He admitted his conduct was unbecoming of his stature and expressed regret, reflecting on his remarks and addressing accusations of racism.
• Mokgoatlheng offered to recuse himself if anyone doubted his fairness, honour, or integrity as a judge.

Judge Ratha Mokgoatlheng has publicly apologised for his controversial racial remarks he made during Thursday’s session of the Senzo Meyiwa murder trial.

His comments came on the back of defence advocate Charles Mnisi’s request to be excused from court on Monday because he was participating in the Comrades Marathon on Sunday and sparked widespread criticism.

The judge said at the time: “When the JP [Judge President] asks why you were not sitting on Monday, [we’ll have to say] ‘no, we were waiting for advocate Mnisi to drive back to Joburg because he was running a marathon’. This is South Africa run by blacks; I can tell you now ... a white advocate would never have the gall to ask me that. Never.”

The remarks drew sharp criticism from various quarters, including political parties and legal commentators.

In his apology, Mokgoatlheng said: “I have been on the bench for 26 years as an acting judge and a judge. I have never ever behaved the way I did on Friday. Before becoming a judge, I spent 30 years as an attorney. I spoke to the Judge President and he, together with the Deputy Judge President, rightfully excoriated me for my conduct, saying it was not befitting of a judge of my experience and stature. I agree wholeheartedly. My conduct was questionable and incorrect.”

On Thursday the GOOD Party strongly condemned Mokgoatlheng’s comments, saying: “It undermines the integrity of the judiciary and risks inflaming already fragile race relations in South Africa. Decorum in court is not just about the behaviour of lawyers and attendees; it begins with the conduct of the bench. Judges must embody the fairness and dignity they expect from others. These comments fall far short of that standard.”

Despite the backlash, Gauteng Judge President Dunstan Mlambo had offered a different perspective, telling News24: “I can see no misconduct by the judge in the circumstances of the case, as viewed by many.”

In his apology, however, Mokgoatlheng added a personal dimension, revealing the impact these events had on his family and shedding light on his own personal reflections.

“My wife, who I thought was afraid of me, told me that I should apologise to the whole of South Africa because I am worse than the attorneys who are currently stealing money from clients in the Road Accident Fund (RAF) matter ... I wish to tender my sincerest apologies. It’s contra my nature to act like that. I recently lost my son, who was an advocate — he died due to lymphatic cancer. I believe he would have been disappointed in my behaviour. That’s why I wholeheartedly and unreservedly apologise to my colleagues here and to the gentlemen in front of me.”

Mokgoatlheng also sought to address suggestions of racism on his part, saying: “I have also been accused of being a racist. I want to share one or two things about me as a person, beyond being a lawyer. I grew up in the house of Moses Kotane. Nelson Mandela used to visit our home, as did Walter Sisulu — even Robert Sobukwe before he broke away from the ANC. My father was an active member of the ANC and the Communist Party. He would be mortified to hear me being labelled a racist. My great-grandmother was German. I recall she used to cut her hair short so that people wouldn’t realise she had white blood. So I know everything about racism.”

He concluded by offering to step down if anyone questioned his integrity.

“The gentlemen in front of me - if you believe that I, as a judge, am so useless, dumb, and incapable of giving you a fair trial, please tell me. I will recuse myself. I do not want to impose myself on individuals who doubt my integrity, honour, or dignity. If you truly believe I am racist, unfit for this role, and dismissive of the Constitution, just say it, and I will step away.”

The case continues.