Judge asked to retract generalised race-based remarks
The chairperson of the parliamentary justice portfolio committee Xola Nqola said the comments border on racism.
'We want to strongly condemn the totally unacceptable utterances. The incompetence or behaviour of legal practitioners has nothing to do with race, as he has alluded to in court. The remarks are extremely unfortunately and a gross generalisation.'
The presiding judge in the long-running trial of five men accused of the murder of footballer Senzo Meyiwa was referring to the message, sent to his registrar, indicating the absence of the legal representative of two of the accused in court on Monday. Advocate Charles Mnisi said he would be running the Comrades Marathon on Sunday and would only drive back to Gauteng the next day.
Mokgoatlheng then said: 'This is South Africa run by blacks. I don't think a white advocate would have had the gall to ask me that.'
Nqola said: 'While we understand the frustration of the judge, families and accused with the duration of the trial, it is totally unacceptable to imply black legal professionals act unprofessionally compared to their white counterparts. We urge him to refrain from such gross generalisations. Furthermore, we demand judge Mokgoatlheng withdraws his comments and apologises to the nation.'
A year ago the judge apologised for another outburst.
Defence lawyer Thulani Mngomezulu had failed to pitch at the high court in Pretoria court on that day and also failed to formally communicate with the court about his absence. This prompted Mokgoatlheng's reaction: 'Is this how black lawyers behave, some of them?'
Mokgoatlheng soon tendered an apology, saying: '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, then I want to state I unreservedly withdraw the comments.'
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