South Africa’s justice system is once again under the microscope following incendiary remarks made by High Court Judge Ratha Mokgoatlheng during the ongoing Senzo Meyiwa murder trial. The judge’s comments, deemed racially charged, have sparked outrage and calls for an investigation, amid ongoing frustrations surrounding the trial’s lengthy proceedings.
The trial resumed on Thursday at the Gauteng High Court in Pretoria, involving the cross-examination of lead investigator Brigadier Bongani Gininda. Tensions escalated when Advocate Charles Mnisi, representing accused Muzikawukhulelwa Sibiya, labelled retired Colonel Mhlanganyelwa Moses Mbotho as the “dumbest cop in South Africa.” This prompted a sharp rebuke from Judge Mokgoatlheng, who characterised the remark as an “insult” and highlighted the lack of decorum exhibited in the courtroom.
“Somebody made a comment that if Mandela comes here and gives evidence, he is Mr Mandela or something like that. This is what happens in this court, people telling the judge you are mad,” Mokgoatlheng remarked, stressing his concerns over how defendants and their legal representatives were addressing witnesses.
During a passionate outburst, the judge lamented the conduct of black legal professionals. “When I make remarks about our black counsels, attorneys and maybe even judges, I’m told ‘you are crazy, you think you are better than other people’,” he stated, clearly indicating his frustration at being misinterpreted in his efforts to uphold the standards expected within judicial proceedings.
The judge’s irritation stemmed not just from courtroom etiquette but also from factors contributing to the delays in the trial. Mokgoatlheng expressed annoyance over Mnisi’s plan to miss court on Monday due to participation in the Comrades Marathon, stating, “this stupid judge called Ratha Mokgoatlheng allowing a person who is representing two of the accused here to go and run a marathon.” He referenced the distress felt by the Meyiwa family and the prolonged wait for justice, making it clear that he holds all parties accountable for maintaining courtroom efficiency.
His comments took a more controversial turn when he remarked, “This is what happens in a South Africa run by blacks,” a statement that has drawn the ire of many, including the Good party. In their response, they condemned Mokgoatlheng’s comments as “racially charged” and deeply troubling, urging that the trial be conducted with the utmost seriousness and integrity.
“While the judge’s frustration over delays in this long-running and emotionally charged trial may be understandable, resorting to racially divisive language is entirely unacceptable,” said Good’s secretary-general Brett Herron. He called for the Judicial Service Commission (JSC) to investigate Mokgoatlheng’s remarks and reiterated that judges must embody the fairness and dignity they expect from others.
This incident is not the first time Judge Mokgoatlheng has come under fire for his remarks. Earlier, he had issued apologies related to criticisms aimed at black lawyers. However, it seems the lesson has not been fully absorbed as this latest outburst raises critical questions about decorum and accountability within the judiciary.