By Lehlohonolo Lehana.
Judge Ratha Mokgoatlheng has once again come under scrutiny for his conduct and rulings during Senzo Meyiwa murder trial.
The legal expert Elton Hart says that the judge’s conduct and rulings during trial proceedings are concerning.
“The judge should now, at some stage, realise that he’s a judicial officer [and] he needs to be impartial and he needs to conduct, because this is something that can be prejudicial to the defense and to the accused persons,” Hart said.
Hart, who is a Law Clinic Attorney at the University of Johannesburg, questioned Judge Mokgoatlheng’s ruling on Monday, 11 September, that a handwritten statement by state witness Constable Sizwe Zungu did not exist.
This was after defence lawyers had challenged the admissibility of a typed statement Zungu made on 31 May, with defence advocate Charles Mnisi arguing that Zungu had “mentioned unequivocally that there is a statement that he wrote and he initialled it”.
Why does he come to the conclusion that there is no handwritten statement while the witness said he made a handwritten statement?
“Now, I think, he’s already saying to us (looking at the trial) that that is a credible witness. He cannot make a crediblity finding like that. It means that these accused in his eyes are already guilty and for me, that is a sign of a judge that is not impartial.
“I’m very worried for the accused that I will see them getting found guilty and not being given a fair trial, “Hart said.
Meyiwa, who was a Bafana Bafana and Orlando Pirates goalkeeper, was shot and killed at his girlfriend Kelly Khumalo’s family home in Vosloorus on 26 October 2014 in what the State says was a botched robbery.
The case briefly resumed for the continuation of Zungu’s cross-examination in the Gauteng High Court in Pretoria on Tuesday, but was postponed after Advocate Zandile Mshololo requested an adjournment for the day.
Mshololo told the court accused number five, Fisokuhle Ntuli, was ill.
“My client informed me this morning that he’s not feeling well and we would like to request a postponement so that he could be taken to the hospital, “she said.
The state was not opposed to Mshololo’s request.
Judge Mokgoatlheng ordered Ntuli be seen by a doctor at the Leeuwkop Prison’s hospital section.
“I don’t want this gentleman to go to Leeuwkop and be given tablets and Castor Oil. He must be attended by a doctor,” the judge said on Tuesday.
“It is hereby ordered that Fisokuhle Nkani Ntuli, accused number five, be examined by a medical practitioner today and that a medical report be presented to the court on 13 September about his medical condition.”
Ntuli and his co-accused – Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa – are on trial for Meyiwa’s murder.
They face charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition.
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