By Lehlohonolo Lehana.
Defense lawyer in the Senzo Meyiwa trial, Thulani Mngomezulu has received a scolding from the Judge Ratha Mokgoatlheng after failing to attend court proceedings.
It’s understood the lawyer had been attending to a separate matter, and requested that evidence be led in his absence.
On Wednesday, State prosecutor advocate George Baloyi told the court that he was informed that Mngomezulu was in another matter and the trial could continue in his absence, adding that he doesn’t have an issue missing evidence from the two witnesses.
Mokgoatlheng was not happy with Mngomezulu’s conduct.
“Is this how black lawyers behave, some of them? How can you tell a judge you are unable to proceed today because you said the two witnesses were short witnesses?
“He doesn’t know what they said. He has to read the evidence of those two witnesses, prepare and come here. He says, ‘I don’t have a problem with the evidence of those two witnesses’.
“Why doesn’t he phone me? This is what counsel or an attorney who has ethical standards does. I get a message through my registrar. The attorney or advocate himself doesn’t phone the judge and the judge must smile because he is black? “said the visibly upset judge.
Addvocate Zandile Mshololo told the court that she received a message from Mngomezulu around 9:30am telling her that he won’t be available and they can continue without him.
Mshololo further mentioned that Mngomezulu told her to ask advocate Sipho Ramosepele to represent his client, accused one, Muzikawukhulelwa Sibiya.’
Ramosepele addressed Mokgoatlheng and said he won’t be in a position to represent Sibiya.
Sibiya terminated Ramosepele’s services early this month and informed the court that he will be represented by advocate Mngomezulu.
“My lord, in the light of the experience that we had, I’m not in a position to stand in for Mngomezulu because I’m conflicted in that instance. So I don’t know which other colleague was requested to stand in for him and he never contacted me personally,” he said.
Appearing livid, Mokgoatlheng asked Ramosepele whether ethics were still being taught at the university or when lawyers are in training.
“Because look at what you are telling me. He informs advocate Mshololo to tell you to stand for him, he doesn’t inform the court, the judge is irrelevant,” he said pointing at himself.
Proceedings continued without Mngomenzulu and the State called two witnesses, Sergeant Matsobane Maphakela and court interpreter Evelyn Mothlapeng.
Motlhapeng was present when Ntanzi confessed before magistrate Vivian Cronje and Maphakela took pictures of the pointing-out made by Sibiya.
She said was responsible for she interpreting Bongani Ntanzi’s confession and she read it back to him to ensure he was satisfied with its content.
The matter has been postponed to Friday.
Meanwhile Judge President Dunstan Mlambo said suspended Pretoria High Court Judge Tshifhiwa Maumela was never meant to preside over the Meyiwa murder trial but defied his seniors’ instructions.
Mlambo was giving evidence on Monday at the Judicial Service Commission’s tribunal probing gross misconduct and gross incompetence charges against Maumela.
The Commission’s tribunal probing charges of gross misconduct and gross incompetence levelled against Judge Maumela was on Tuesday postponed after information was submitted that the embattled judge had fallen ill and had been hospitalised.
Maumela’s legal representative advocate Ghandi Badela said his client was unwell and had been taken to hospital.
Justice and members of the panel, as we have informed you in a meeting that this morning we learnt that Judge Maumela was hospitalised. On that occasion we then approached the tribunal to seek this matter to be postponed to a date at least when he is able to attend the proceedings,” Badela submitted.
“Accordingly, we would like to move an application to have these proceedings postponed that we have agreed to, with my learned friend, advocate Mopp, being May 27, 2024.
Advocate Adrian Mopp is the evidence leader at the tribunal. He agreed to the provisional date of May 27, and chairperson of the tribunal, retired Constitutional Court Judge Chris Jafta adjourned the proceedings.