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Legal professionals have called for a review of the judge's 'unprofessional' comments.
Judge Ratha Mokgoatlheng. Picture: Gallo Images
The chair of parliament’s portfolio committee on justice and constitutional development has strongly condemned what he described as racially charged comments made by Judge Ratha Mokgoatlheng during the high-profile Senzo Meyiwa murder trial, adding to mounting criticism from legal organisations across South Africa.
Xola Nqola expressed serious concern over the judge’s “unfortunate” remarks, stating that “the comments border on racism” and calling them “totally unacceptable utterances”.
The controversy erupted during court proceedings in the High Court in Pretoria on Thursday, when Mokgoatlheng made disparaging comments about black legal professionals compared to their white counterparts.
Meyiwa trial controversial comments
The contentious remarks arose when Mokgoatlheng addressed a scheduling conflict involving one of the defense attorneys. Advocate Charles Mnisi, representing accused Muzikawukhulelwa Sibiya, had informed the court registrar that he would be absent on Monday, 9 June 2025, as he would be participating in the Comrades Marathon on Sunday and would only return to Gauteng the following day.
Mokgoatlheng’s response drew sharp criticism when he said: “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.”
The judge further criticised the scheduling conflict, saying: “Even the accused themselves have been in custody for two to three years. And here’s this stupid judge called Ratha Mokgoatlheng allowing a person who is representing two of the accused here to go and run a marathon.”
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Political and legal condemnation
Nqola strongly rejected the judge’s characterisation of black legal professionals, emphasising that “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.”
The parliamentary committee chairperson acknowledged the frustrations surrounding the lengthy trial but maintained that such comments were inexcusable.
“Whilst 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,” Nqola said.
The committee has demanded that “Judge Mokgoatlheng withdraws his comments and apologise to the nation”.
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Law Society response
Speaking on Newzroom Afrika, the Law Society of South Africa (LSSA) expressed deep disappointment with the judge’s conduct, with its president Nkosana Mvundlela describing the situation as particularly troubling given the judge’s previous controversial statements.
“It is a very unfortunate statement made by a presiding officer who has taken oath to defend and protect the rule of law and democracy,” Mvundlela said.
“It is very saddening that almost 11 months ago we were actually addressing the very same issue of these disparaging remarks that are made by a judge presiding in this matter.”
Mvundlela emphasised that the judge’s comments constituted racial bias, explaining: “Once you talk about black and compared to white, you can’t move away from actually then ascribing it as a race issue. Because when a person says to you, a white advocate would not have the gall to say that to me, it means that he believes, or at least he holds a view, that a white person sitting there would not think that way.”
Proper court procedures defended
The LSSA president defended Mnisi’s approach in communicating through the registrar, stating that legal practitioners “are expected as officers of the court to address the judge through the registrar”. He questioned why following ethical obligations would be construed as disrespectful behaviour.
“The prosecutor is there saying, it is a correct approach that he wrote to the registrar to inform you that this is what his situation is. Now that is ethically correct. And I don’t then understand why would complying with our ethical obligations mean that we are disrespectful as officers of the court,” Mvundlela said.
Calls for formal action
Legal organisations, including the Pan-African Bar Association, and political parties have indicated their intention to file formal complaints with the Judicial Services Commission (JSC) regarding the judge’s conduct.
The LSSA supports such action, with Mvundlela stating that “the JSC, the Judicial Conduct Committee must investigate this kind of conduct and make a finding about it”.
He emphasised the importance of judicial officers maintaining public confidence in the justice system:
“When judicial officers are presiding, their job is to ensure that they attract at least a sense of responsibility to themselves, to the society, that the society must continue trusting the justice system.
“Now when people get there and speak with racial undertones, they are not attracting that kind of attitude towards the judicial system itself.”
The Good party echoed these sentiments, while also strongly condemning Mokgoatlheng’s comments, calling them “racially charged” and “deeply concerning”.
Good secretary-general Brett Herron called on the JSC to review the judge’s remarks.
“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.”
ALSO READ: ‘That is the law’: Judge intervenes as lawyers squabble in Senzo Meyiwa murder trial
Trial context
The controversy has added another layer of complexity to the already lengthy and highly publicised Senzo Meyiwa murder trial.
Judge Mokgoatlheng referenced public frustration with the prolonged proceedings, citing sentiments such as “justice delayed is justice denied” and “10 years no justice”, while noting the ongoing distress of the Meyiwa family and the fact that the accused have been in custody for two to three years.
The judge indicated he would need to justify the lack of proceedings on Monday to Gauteng High Court Judge President Dunstan Mlambo, highlighting the administrative challenges posed by the scheduling conflict.
While some observers agreed that the judge was within his rights to address the scheduling issue, the consensus among legal professionals and political figures is that the racial undertones of his comments crossed an unacceptable line, potentially undermining public confidence in the judicial system’s commitment to equality and fair treatment regardless of race.
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