Judge Apologizes for Courtroom Remarks

South African Judge Faces Scrutiny Over Comments During Marathon Dispute

A prominent South African judge publicly apologized for comments made during a hearing, sparking a national conversation about bias and fairness within the judicial system. The incident occurred after a disagreement over court scheduling and a lawyer’s participation in a prestigious race.

Outburst and Immediate Aftermath

Last week, tensions flared when defense advocate Charles Mnisi requested an excused absence from court on Monday to compete in the Comrades Marathon. Judge Ratha Mokgoatlheng responded with a statement some interpreted as racially charged, saying “I don’t think a white advocate can have the gall to ask me that,”. Mnisi successfully completed the ultra-marathon on Sunday but was absent from court proceedings the following day, with attorney Sipho Ramosepele appearing in his stead.

Addressing the court on Monday, Judge Mokgoatlheng expressed deep regret for his remarks. “I have never behaved the way I did,” he stated, referencing his extensive 26 years of experience as a judge and 30 years as an attorney.

Internal Review and Personal Reflection

The judge president and deputy judge president reportedly addressed the matter with Mokgoatlheng, with the judge president issuing a formal reprimand. Mokgoatlheng acknowledged the validity of the criticism, stating, “I agree, my conduct was questionable and incorrect.” He further revealed that his wife strongly urged a public apology, believing his actions were more damaging than those of legal professionals accused of financial misconduct related to the Road Accident Fund.

“She told me I should apologise to the whole of South Africa,” he shared. He also spoke of his late son, a fellow advocate who succumbed to cancer, expressing his belief that his son would have been deeply disappointed by his behavior.

Broad Apology and Addressing Accusations

Mokgoatlheng extended his apology to all parties involved, including the accused, legal counsel, the judiciary, students, religious leaders, and the public. “I apologise to everyone in South Africa who felt hurt or insulted by my actions,” he declared.

Responding to accusations of racism, the judge described them as deeply hurtful and untrue. He recounted his upbringing in a politically active family that frequently hosted prominent anti-apartheid leaders like Nelson Mandela and Walter Sisulu. He also named several respected South Africans who have known him personally throughout his career. “If people say I’m a racist, maybe I’m not aware of that, but I apologise,” he conceded.

Recent data from Statistics South Africa indicates that racial reconciliation remains a significant challenge, with only 34% of South Africans believing that race relations have improved since 1994. (Statistics South Africa)

Offer to Recuse and Path Forward

Judge Mokgoatlheng proactively offered to recuse himself from any case where the accused felt they could not receive a fair trial under his jurisdiction. “If you think I am not fit to be your judge, please tell me and I’ll recuse myself,” he stated, demonstrating a commitment to upholding the principles of justice and impartiality.