The Black Lawyers Association (BLA) has firmly rejected the recent apology issued by Judge Ratha Mokgoatlheng following an explosive court outburst laden with racial undertones, asserting that a mere apology is insufficient given the gravity of his comments. The incident unfolded during proceedings in the Senzo Meyiwa murder trial last week when Judge Mokgoatlheng expressed indignation over a request from defence advocate Charles Mnisi to be excused from court to participate in the prestigious Comrades Marathon.
“This is what happens in a South Africa run by blacks. I can tell you now, even if you call Uncle Tom, I don’t think a white advocate will ever have the gall to ask me that. Never!” he exclaimed, igniting widespread backlash.
The BLA did not take the comments lightly, confronting the judge for what they classified as “an extremely unfortunate attack on black lawyers.” In a direct challenge, they demanded a retraction within seven days, warning of potential further action if he failed to comply. “What the judge might not be aware of is that the attacks on black lawyers are not only distasteful but threaten our economic survival as law is our business,” the BLA responded. Their statement further emphasised the competence and professionalism of black lawyers, asserting, “We strongly reject the assertion made by Judge Mokgoatlheng that seeks to compare black and white lawyers in the carrying out of their duties, especially in court.”
When court resumed, Judge Mokgoatlheng publicly addressed his earlier comments, expressing remorse for his behaviour. “There is one thing I must attend to… It is proper that I should address this issue,” he stated. The judge went on to highlight his extensive career, spanning 26 years on the bench and 30 as an attorney, before acknowledging that his conduct during the trial was both “questionable and incorrect.” He recounted a stern conversation with the Judge President (JP), who, according to Mokgoatlheng, chastised him for his outburst, a rebuke he accepted as justified.
His apology, however, was met with skepticism by the BLA. “We welcome the apology but there must be a deeper conversation about what the judge has raised,” said BLA Secretary General, Takalani Chris Mamathuntsha. He called for further engagement, emphasizing that questioning the abilities of practitioners based solely on skin colour veers into dangerous territory. “Once you start questioning the ability of practitioners on the basis of skin colour, you are raising a different topic altogether,” he added, highlighting that there are many exceptional legal minds, including Judge Mokgoatlheng himself.
The conversation surrounding Judge Mokgoatlheng’s comments has also reached beyond the courtroom walls, provoking responses from various stakeholders. The Judicial Service Commission (JSC) has yet to provide a statement, while last week’s hearing prompted reactions from Parliament and the Law Society of South Africa (LSSA). Xola Nqola, chairperson of the Justice and Constitutional Development portfolio committee, condemned the judge’s remarks, stating, “The incompetence or behaviour of legal practitioners has nothing to do with race, as he has alluded to in court. The remarks are extremely unfortunate and a gross generalisation.” Nqola acknowledged Mokgoatlheng’s frustrations but stressed that it is unacceptable to insinuate that black legal professionals act unprofessionally compared to their white counterparts.