Presiding Judge Ratha Mokgoatlheng has sparked outrage after making controversial comments in the Senzo Meyiwa murder trial, drawing accusations of racism and self-hatred.
During proceedings on Thursday, Mokgoatlheng expressed frustration when defense advocate Charles Mnisi requested a postponement to participate in the Comrades Marathon. The judge responded by stating that “only black advocates engage in that kind of conduct,” claiming no white advocate would make such a request.
Backlash Over “Racist Generalizations”
The remarks have drawn sharp criticism, with legal bodies and analysts condemning the judge’s comments as racially divisive. Advocate Dali Mpofu, Secretary-General of the Pan-African Bar Association of South Africa (PABASA), labeled the statements as “nothing short of racist.”
“It is regrettable and unacceptable to bundle all black lawyers as the ‘devil’ while purifying white lawyers as ‘angels,’” Mpofu said. He added that PABASA may escalate the matter to judicial regulatory bodies.
This is not the first time Mokgoatlheng has faced scrutiny for such remarks. In March 2023, he made similar comments before retracting and apologizing. Critics argue that the repeated nature of the statements suggests an ingrained bias.
Defense Advocate’s Request Under Scrutiny
While some legal experts, including Judges Matter representative Zikhona Ndlebe, acknowledged that Mnisi’s request was procedurally correct, they questioned its appropriateness given the prolonged delays in the high-profile case.
“The Senzo Meyiwa trial has dragged on for years, and such requests contribute to further delays,” Ndlebe said. However, she emphasized that Mokgoatlheng’s response was “unwarranted and racially charged.”
Judicial Conduct in Question
The controversy has reignited debates about judicial accountability. Mpofu argued that judges, as custodians of the Constitution, must uphold its values of equality and non-racialism.
“Judges are not above scrutiny,” he said, suggesting that the Judicial Service Commission (JSC) may need to intervene.
As the trial continues, the backlash against Mokgoatlheng’s remarks highlights broader concerns about racial bias within South Africa’s judiciary. Legal experts warn that such statements undermine public confidence in the courts, particularly in a case as sensitive as the Meyiwa murder trial.
The Office of the Chief Justice has yet to comment on whether any disciplinary steps will be taken.