By Lehlohonolo Lehana.
The presiding Judge in the Senzo Meyiwa murder trial, Ratha Mokgoatlheng is under fire for lambasting defense advocate Charles Mnisi for writing to the court registrar asking her to inform him that he won’t be available in court on Monday.
The defense advocate said he will be driving back to Gauteng after partaking in the Comrades Marathon on Sunday.
After reading the message in court, the judge slammed Mnisi’s request, saying it was a classic example of the lack of professionalism among black lawyers.
The atmosphere grew tense in the courtroom when Judge Mokgoatlheng asked the opinion of other advocates on the matter.
The furious judge even dismissed attorney, Sipho Ramosepele, and state prosecutor, George Baloyi’s attempts to defend the legal representative of accused 1 and three.
The chairperson of the parliamentary justice portfolio committee Xola Nqola said the comments border on racism.
“We want to strongly condemn the totally unacceptable utterances. 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 said: “While 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. Furthermore, we demand judge Mokgoatlheng withdraws his comments and apologises to the nation.”
Meanwhile there was an exchange in court on Friday as the defence in the murder trial challenged the state’s attempt to introduce new evidence.
Proceedings resumed in the Pretoria High Court, following the conclusion of cross-examination of lead investigator Brigadier Bongani Gininda.
During proceedings, state prosecutor Baloyi sought to re-examine Gininda regarding additional photographs retrieved from the cellphones of accused number two, Bongani Ntanzi, and accused number three, Mthobisi Mncube.
“The role purpose of such re-examination is to put a full and fair picture before the court to enable the court to adjudicate on the issues that are in dispute namely the identity of the perpetrators who invaded the Khumalo home on the 26th of October 2014 and killed the deceased.
“It is, therefore, our submission that the evidence is relevant,” he said.
Furthermore, Baloyi revealed that the state is awaiting a two-minute video clip from broadcaster eNCA.
The footage relates to a claim previously made by late defence lawyer Thulani Mngomezulu during Gininda’s testimony that Meyiwa was shot by Longwe Twala, the son of renowned music producer Sello “Chicco” Twala.
We have started this process since December 2024 to obtain the footage but there is a certain procedure that is involved.”
Baloyi explained that a Section 205 application, authorised by the National Director of Public Prosecutions (NDPP), Shamila Batohi, was granted to gain access to the footage.
“A section 205 subpoena was issued for the footage but there has been toing and froing with the legal representative from eNCA, but two days ago they undertook to furnish the state with the footage.”
Mnisi argued that the state must make a formal application to reopen its case.
“As much as we realise that there is nothing stopping the state from adducing that evidence, but that evidence cannot be introduced through re-examination.
“Procedurally, the state needs to finalise its re-examination, make an application to lead this new evidence which needs to be contexualised in its case.”
Other defence lawyers echoed similar sentiments.
Judge Mokgoatlheng ultimately ruled in favour of the defence. The trial is set to resume on Monday.