Judge Ratha Mokgoatlheng made a public apology on 9 June 2025, this was after the judge made news headlines for his remarks about black legal practitioners on national television. The remarks were made during the murder trial of the late soccer star, Senzo Meyiwa. During the court proceeding, Judge Mokgoatlheng read a message from advocate Charles Mnisi to the registrar, notifying the judge that he will not be present on 9 June 2025, due to the fact that he would be returning on 9 June 2025 from running the Comrades Marathon that took place on 8 June 2025 in KwaZulu-Natal.
Judge Mokgoatlheng asked other legal practitioners in court what they thought about the text from advocate Mnisi sent to his registrar. He went on to say that there were outcries that the case had dragged on for 10 years, and that the family of the late Senzo Meyiwa were denied justice. He then went on and made the controversial statement that a white advocate would not ask for time off to go run a marathon. ‘This is South Africa, run by blacks. I can tell you now, even if you call me an Uncle Tom, I don’t think a white advocate would have the gall to ask me that. Never!’ Judge Mokgoatlheng said.
In a news interview with Newzroom Afrika the president of the Law Society of South Africa (LSSA), Nkosana Mvundlela said the statement by the judge was an unfortunate statement made by a presiding officer who has taken an oath to defend and uphold the rule of law and democracy. Mr Mvundlela pointed out that it was saddening that almost 11 months ago they were addressing the very same issue of remarks by the same judge in the same matter. ‘It cannot be correct that judicial officers sit there and instead of addressing issues with which they are unhappy with, the conduct of a practitioner who has written a letter or note to them, or via a registrar as they ought to, and then they read it out there in public. In an unprovoked manner, a person then goes out and makes such unfortunate remarks. It is just a very sad day in South Africa that we are sitting with this kind of a conversation,’ Mr Mvundlela said.
The Black Lawyers Association (BLA) issued a media statement, which noted that its members were rattled by the callous nature of the judge’s attack on black legal practitioners. Issued by the BLA Secretary General, Chris Mamathuntsha, the statement went on further to state that the organisation rejects the outburst with the contempt they deserve. The statement added that the BLA was formed to fight injustice in the legal profession, in the courts and in society. ‘The [National Executive Committee] stands firm in affirming the commitment of the BLA to continue to fight the transformation struggles in our profession, in the courts in particular. Our democratic set up has no place for the kind of presiding judge Mokgoatlheng represents,’ Mr Mamathuntsha said.
The BLA added that it was extremely disappointed that this conduct by the judge was a repeat, noting a similar act last year, for which he apologised. ‘We further call on the [Judge President] of the division to reign in on this conduct and secure the sanity of the court and the criminal justice system. The trial at hand is for an icon of our sporting fraternity, admired by many countrywide and internationally. The family and society deserve justice and closure of this long-standing matter. The BLA stands side by side with society to demand justice for the late Senzo Meyiwa,’ Mr Mamathuntsha added.
The BLA said that the Judicial Service Commission should also move swiftly to call the judge to book, so that he can account for his racially filled tone. The Portfolio Committee on Justice and Constitutional Development, through its chairperson, Xola Nqola, added that it has noted with grave concern the ‘unfortunate’, remarks by Judge Mokgatlheng. Mr Nqola said that the comments border on racism. ‘We want to strongly condemn these 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 unfortunate and a gross generalisation, ’Mr Ngola said.
Mr Nqola pointed out: ‘Whilst we understand the frustration of the judge, families and accused with the duration of the trail, 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.’
Pan African Bar Association of South Africa secretary-general, advocate Dali Mpofu, during his television interview with Newzroom Afrika said the judge’s remarks should be strongly condemned. He said it seems like Judge Mokgoatlheng strongly believes in the inferiority or difference of black people in general or black legal practitioners, as this is a repeated conduct by Judge Mokgoatlheng who apologised last year. ‘We cannot afford to have judges who can spew out racist remarks like that, whether they are black or white it does not matter,’ Mr Mpofu said.
Judge Mokgoatlheng in his apology said that: ‘I have been 26 years on the bench, as an acting judge, and as a judge, I have never ever behaved the way I behaved the way I did on [Thursday]. I have been 30 years as an attorney before I became a judge. I spoke to the [Judge President (JP)] and the JP spoke to me, together with the [Deputy Judge President]. The JP rightfully excoriated me for my conduct, that it is not befitting of a judge of my experience and stature that I should have behaved like I did. And I agree, my conduct was questionable and incorrect. And my wife also, who I thought “uyang saba” 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 [Road Accident Fund (RAF)] matters. She was reading the newspaper the other day about the fact that attorneys apparently stole about R 1,5 billion of RAF funds which belonged to clients. And I wish now to tender my sincere apologies. It is contrary my nature to do that.’
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
