Black Lawyers Association demands more than an apology from Judge Mokgoatlheng

AN apology alone, is not good enough, the Black Lawyers Association (BLA) said in response to Presiding judge in the Senzo Meyiwa murder trial, Ratha Mokgoatlheng’s apology on Monday following his court outburst where he made several remarks with racial undertones. 

Last week, Judge Mokgoatlheng expressed outrage in court after learning that defence advocate Charles Mnisi had written to his registrar, requesting to be excused from proceedings on Monday to participate in the 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 said.

The BLA did not take the comments lightly, calling out Judge Mokgoatlheng for launching “an extremely unfortunate attack on black lawyers”. 

They gave him seven days to withdraw his comments, threatening further action if he failed to do so. 

“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. 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. What is indisputable is that black lawyers are extremely capable, excellent and high level professionals. Our democratic set up has no place for the kind of Presiding Judge Mokgoatlheng represents,” the BLA said. 

As the court session resumed on Monday, the judge made a public apology.

"There is one thing I must attend to, all of us I am sure we read newspapers. It is proper that I should address this issue. Initially I want to say, I have been 26 years on the bench, as an acting judge, and as a judge. I have never ever behaved the way I did (on Thursday). I have been 30 years as an attorney before I became a judge," the judge addressed those in court.

"I spoke to the JP (judge president) and the JP spoke to me together with the DJP. The JP rightfully excoriated me for my conduct, that it is not befitting of a judge of my experience and my stature that I should have behaved like I did. And I agree, my conduct was questionable and incorrect. My wife also, who I thought is afraid of me, told me that I should apologise to the whole of South Africa because I am worse than the attorneys who apparently steal the monies of clients in the RAF (Road Accident Fund) matter. She was reading the newspaper the other day about the fact that attorneys apparently (steal from clients) and they are colourless, they stole about R1.5 billion of RAF funds which belong to clients,” the judge said. 

Judge Mokgoatlheng said he wished to tender his "sincerest" apologies because the way he had behaved was contrary to his nature.

In response to Judge Mokgoatlheng’s apology, the BLA said while it was welcomed, it was not good enough given the severity of what was said. The BLA planned to reach out to call for further engagement on the issue. 

“We welcome (the apology) but there must be a deeper conversation about what the judge has raised. Maybe we are not understanding the context. I personally want to understand how he thinks in terms of the issues of black lawyers. Once you start questioning the ability of practitioners on the basis of skin colour, you are raising a different topic altogether. I don’t want to assume he is saying he does not trust in the abilities of black lawyers because there are exceptional legal minds out there, including him who is a judge today. He can’t be casting aspersions on himself, that’s why I’m saying a deeper conversation is needed,” BLA secretary general, Takalani Chris Mamathuntsha said. 

The Judicial Service Commission (JSC) did not respond to questions by deadline. 

Last week, parliament and the Law Society of South Africa (LSSA) also raised concerns about Judge Mokgoatlheng comments. 

Justice and Constitutional Development portfolio committee chairperson, Xola Nqola had said: "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."

Nqola added that Mokgoatlheng's frustration was understandable, however, it's unacceptable to imply black legal professionals act unprofessionally compared to their white counterparts. 

Additional reporting by IOL.

Cape Times