Judge Ratha Mokgoatlheng. (Mario van der Waal/Gallo Images)
Judge Ratha Mokgoathleng chastised the Senzo Meyiwa trial’s “black lawyers” for time-wasting and delay tactics, saying he had travelled to the Pretoria high court “for nothing” on Wednesday.
This was after state prosecutor George Baloyi requested an adjournment because defence advocate Thulani Mngomezulu, representing accused number one Muzikawukhulelwa Sibiya, was not present in court.
Sibiya is on trial, alongside Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Fisokuhle Ntuli, for the October 2014 killing of Bafana Bafana captain Meyiwa at the home of his girlfriend, Kelly Khumalo, in Vosloorus, Gauteng.
A visibly irate Mokgoathleng expressed his frustration at the request to adjourn, saying: “Is this how black lawyers behave, some of them? How can you tell the judge today that you are unable to come? Why did he not phone me — is this what an ethical counsel does?”
He added that when Judge President Dustan Mlambo asked him to take on the Meyiwa murder trial, he had told him that it was plagued with problems.
“I agreed to take this matter with its problems. I cannot just smile because I am a black judge,” Mokgoathleng said.
Mokgoatlheng took over the trial from Judge Tshifhiwa Maumela, who fell ill and was later suspended for misconduct for not delivering judgments in other cases within a reasonable period.
On Monday, Mlambo, told a Judicial Service Commission tribunal investigating misconduct and incompetence charges against Maumela that the suspended judge was never meant to preside over the Meyiwa trial, but defied his seniors’ instructions.
The judge president said the matter had been allocated to Maumela to manage until it was trial ready. He added that Maumela was informed that after he has completed the pre-trial proceedings, he should notify his seniors and they would make an official decision about a suitable judge for the trial.
“That never happened. Once he [Maumela] finished managing the matter, he decided to go straight and hear the evidence. By that time it was [too] late,” Mlambo said.
At the Pretoria high court on Wednesday, defence advocate Zandile Mshololo, representing the fifth accused, Ntuli, told the court that she had received a call from Mngomezulu asking her to tell his colleague, Sipho Ramosepele, to stand in for him.
Mokgoathleng expressed his dissatisfaction about this, saying: “He phones advocate Mshololo to say Ramosepele must stand in for him. He does not call the court. This is Africa. I would not have come all the way from Krugersdorp for nothing.”
The judge added that it did not make sense for Ramosepele to stand in Mngomezulu and represent the same client who fired him.
“How can you act for a person who has fired you, Mr Ramosepele, and what will that person say? ‘My lord, I fired this person and now he’s representing me again’.”
“It is a joke to this court,” Mokgoathleng charged.
Proceedings went ahead with two short testimonies from interpreter Evelyn Tshepiso Motlhaping, who was present when Ntanzi made a confession to magistrate Vivian Cronje and Sergeant Matsobane Maphakela, the photographer who took Sibiya’s alleged “pointing out” crime scene pictures.
Baloyi requested that the proceedings adjourn until Monday, but defence advocate Charles Mnisi, representing accused number three Mncube, objected and suggested that the court instead sit on Friday — given Thursday’s public holiday. He said it would be in the interest of justice to not delay the matter to Monday.
Mokgoathleng agreed with Mnisi, ruling that the trial would resume on Friday.
All accused are remanded in custody, having pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.