Pretoria - Judge Ratha Mokgoatlheng, presiding over the high-profile Senzo Meyiwa trial, has publicly stated his willingness to recuse himself from the case if the involved legal representatives believe his impartiality is compromised. This offer follows significant criticism directed at the judge regarding racially charged comments he made during court proceedings last week.
Apology and Invitation for Recusal
Judge Mokgoatlheng issued a comprehensive apology addressing the controversial remarks, which were made in response to a lawyer's request for leave to participate in the Comrades Marathon. His comments touched on the subject of black lawyers and the leadership of South Africa, sparking immediate backlash.
“If you believe that I, as a judge, am so useless, dumb, and you think you can’t get a fair trial from me, please tell me, I will recuse myself. I don’t want to impose myself on people who doubt my integrity, honour and dignity,” stated Judge Mokgoatlheng during the proceedings.
Consequences of Recusal
Should Judge Mokgoatlheng ultimately recuse himself, the Meyiwa trial would face a significant setback. The proceedings would have to restart for the third time, necessitating the appointment of a new presiding judge. This would undoubtedly cause further delays in a case already marked by numerous postponements and complexities.
The judge also detailed his personal history, referencing his presence at Kliptown during the Freedom Charter signing in 1955, alongside his father. He emphasized that any perceived racism was unintentional. "If I trampled on anybody’s toes because of my racism, despite being in adherence to the Freedom Charter of 1955… I wish to apologise for being a racist. I will try and mend my ways, but I can tell you, it’s not a conscious thing about me to be a racist.”
Judge Mokgoatlheng extended his apologies to all South Africans, fellow judges, and specifically to Chief Justice Mandisa Maya.
Moving Forward
The coming days will be critical as lawyers in the Meyiwa trial consider Judge Mokgoatlheng's offer of recusal. Their decision will have a profound impact on the trajectory of this highly publicized and sensitive case.