By Lehlohonolo Lehana.
The Senzo Meyiwa trial already delayed and fraught with controversy, continues to captivate the nation, with this latest courtroom drama adding to the long list of twists in the case involving the 2014 murder of the beloved Bafana Bafana captain.
Judge Ratha Mokgoatlheng, who is presiding over the trial, drew criticism last Thursday, for comparing black and white lawyers, after Advocate Charles Mnisi requested leave to run the Comrades Marathon.
Mokgoatlheng’s reaction was explosive, and controversial. He questioned whether a white advocate would ever make such a request, declaring, “This is South Africa, run by blacks. I can tell you now, even if you call me Uncle Tom, I don’t think a white advocate would have the gall to ask me that.”
The comments sparked immediate outrage from legal professionals and politicians alike. The Law Society of South Africa raised alarm bells over the judge’s conduct, while Parliament’s Portfolio Committee on Justice, through chairperson Xola Nqola, called the remarks ‘totally unacceptable’ and demanded a public apology.
Mokgoatlheng opened Monday’s proceedings with an apology for race-based remarks he recently made.
“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.
Mokgoatlheng said he wished to tender his “sincerest” apologies because the way he had behaved was contrary to his nature.
“I have a son who died recently, who is an advocate. He is older than you Ms Mshololo (defence advocate Zandile Mshololo), he was born in 1968. He died because of leumphatic cancer. I think he also would have been disappointed at my conduct. That is why I say I heartily and unreservedly, with no qualification, apologise to my colleagues here, to the gentlemen in front of me (the accused),” said the judge.
“I have also been accused of being a racist. I want to talk one or two things about me as a person without being a lawyer. I grew up in the house of Moses Kotane. Nelson Mandela used to come at home, Walter Sisulu, even Robert Sobukwe before he broke away from the ANC (African National Congress). My father was involved as a member of the ANC and the Communist Party. He would be mortified to hear that I am a racist,” he said.
Judicial conduct watchdogs are likely to assess whether further disciplinary action is needed.
During proceedings, state prosecutor George Baloyi sought to re-examine lead investigator Bongani Gininda regarding additional photographs retrieved from the cellphones of accused number two, Bongani Ntanzi, and accused number three, Mthobisi Mncube.
According to Baloyi, there has been a problem with the identification and description of the suspects who broke in on the night of Meyiwa’s death.
Baloyi said, that the state believes that the identification of the attackers who broke into the Khumalo residence may be determined with the help of the images of accused numbers two and three.
The photos will serve to put a full and fair picture before court. Even if the re-examination of Brigadier Gininda on these additional photos can be regarded as new evidence that did not arise out of cross examination, we submit that the new evidence can still be canvassed with the court and may allow further cross examination on the new evidence,” he added.
Baloyi revealed that there is footage that the state is waiting for from eNCA regarding the proposition made earlier. It was put by the late advocate Thulani Mngomezulu to the witnesses that the deceased was shot by Longwe Twala and in the process he shot himself in the foot.
There is a footage available that we want to show the court. We have started this process since December 2024 to obtain the footage but there is a certain procedure involved,”he added.
“We submit, my Lord, that the state be allowed to re-examine the witness on these additional photos.”
Five accused – Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthokoziseni Maphisa, Mthobisi Mncube, and Fisokuhle Ntuli – are on trial for Meyiwa’s murder.
The former Bafana Bafana captain and Orlando Pirates goalkeeper was fatally shot on 26 October 2014 while visiting his then-girlfriend, singer Kelly Khumalo, at her family’s home in Vosloorus, Ekurhuleni.
The accused have been charged with murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition.