The sitting judge in the Senzo Meyiwa murder trial Ratha Mokgoatlheng has withdrawn and issued an apology for the comments he made about black lawyers in court on Wednesday. Mokgoatlheng's rant was caused by the absence of defence lawyer, Thulani Mngomezulu, who didn't come to court and failed to communicate his absence in a formal manner.

ABSENT DEFENCE

A few minutes before court started, Mngomezulu allegedly called another defence lawyer advocate Zandile Mshololo and told her that he won't be coming. He also asked that she informs Advocate Sipho Ramosepele to stand in for him. Learning of this, Mokgoatlheng said: "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 even know what they said. He has to read the evidence of those two witnesses, prepare and come here," the visible annoyed judge went on to say: "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?' he said.

WITHDRAWAL HIS COMMENTS

This morning when the murder trial resumed, Mokgoatlheng issued an apology for his comments and confirmed that he was aware that the Black Lawyers Association wanted a meeting with him which he said he can't attend. "On reflection and after some thought, I admit my comments could be interpreted as intemperate, ill-advised, ill-considered or offensive and if that is the perception, I unreservedly withdraw the comments. I don't have a problem with that, but the law precludes me from meeting the BLA because they want to have a meeting with me regarding me presiding in a case which is continuing. They are not party to that case. The parties to the case are the five gentlemen here who are represented by five counsels and attorneys and the state represented by advocates Ronnie Sibanda and George Baloyi," he said. He added that a judge is supposed to execute his functions without fear, favour or prejudice and has to be independent, objective in the exercise of his authority in court. "Consequently, judicial protocol and the law does not allow a judge while presiding in a case that is continuing and not yet finalised to meet a body or people and have a discussion in any matter which arises from the conduct of the case. The law does not permit that."