Reprimanded judge apologises for outburst

Judge Ratha Mokgoatlheng has issued a public apology after a courtroom outburst at a lawyer that some deemed racist.

Mokgoatlheng was furious last week when defence advocate Charles Mnisi asked to be excused from court on Monday to accommodate his travel plans for the Comrades Marathon. “I don’t think a white advocate can have the gall to ask me that,” the judge said.

Mnisi, who ran and completed the ultra-marathon on Sunday, was absent from court on Monday. Attorney Sipho Ramosepele stood in for him.

Addressing the court on Monday, the judge said he regretted his remarks.

“I have never behaved the way I did,” he said, referring to 26 years as a judge and 30 years as an attorney.

He said the judge president and deputy judge president had spoken to him and the judge president had reprimanded him.

“I agree, my conduct was questionable and incorrect.”

Mokgoatlheng also shared that his wife urged him to apologise publicly, saying his actions were worse than those of lawyers accused of stealing money from Road Accident Fund (RAF) clients.

“She told me I should apologise to the whole of SA,” he said.

He mentioned his late son, an advocate who died of cancer, saying his son would have been disappointed in his conduct.

“I apologise to the accused, the lawyers, the public, the judges, magistrates, students, religious leaders — to everyone in SA who felt hurt or insulted by my actions,” he said.

Responding to claims that he was a racist, Mokgoatlheng said he found this to be hurtful and untrue. 

He spoke about his upbringing in a politically active household, where leaders such as Nelson Mandela and Walter Sisulu would often visit. He also listed several respected South Africans who know him personally. “If people say I’m a racist, maybe I’m not aware of that, but I apologise.”

The judge invited the accused in court who believed they could not get a fair trial from him to say so. “If you think I am not fit to be your judge, please tell me and I’ll recuse myself.”

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