Judge Ratha Mokgoatlheng has issued an unreserved apology for controversial comments he made last week during the Senzo Meyiwa murder trial, and offered to step down from the case if parties involved feel they can no longer trust his fairness.
Judge Ratha Mokgoatlheng apologises for ‘racist’ comments
Addressing the court on Monday, Judge Mokgoatlheng said:
“I agree. My conduct was questionable and incorrect and my wife also told me that I should apologise to the whole of South Africa.”
He added that his son, who passed away recently and was also an advocate, would have been disappointed by his remarks.
The comments in question were made after defence lawyer Advocate Charles Mnisi was absent from court to attend the Comrades Marathon.
Judge Mokgoatlheng sharply criticised the absence, saying the case was too serious to be disrupted by personal events.
He also made remarks suggesting that such absences would not be accepted if made by white advocates, a statement that drew widespread condemnation—including from his own family.
In his apology, the judge expressed deep regret.
“If I trampled on anybody’s toes because of my racism, I wish to apologise for being a racist. But I can tell you, it’s not a conscious thing for me to being a racist.”
He described his political and family history, noting that his home once hosted anti-apartheid leaders such as Nelson Mandela and Walter Sisulu.
“My father was involved as a member of the ANC and Communist Party. He would be mortified by claims that I am a racist,” the judge said.
He also spoke about his legal background, his roots in political activism, and the many lawyers he mentored—some now serving in high-ranking positions including the Constitutional Court.
In a direct offer to those involved in the case, Mokgoatlheng said:
“If you believe that I as a judge am so useless 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 and I mean it.”
If Judge Mokgoatlheng steps down, he would become the second judge to be removed from the case. Previously, Judge Tshifhiwa Maumela was taken off the trial amid serious delays and accusations of misconduct.
According to Judge President Dunstan Mlambo, Maumela was never supposed to preside over the trial and defied instructions from his superiors.
Judge Mlambo said the court’s leadership had decided Maumela was not fit to manage a complex case such as the Meyiwa trial.
However, after handling early proceedings, Maumela went on to lead the trial, bypassing further approval. This history has already complicated the high-profile murder case, which has faced repeated delays and legal challenges.
The case concerns the 2014 murder of Bafana Bafana captain Senzo Meyiwa.
Five men are currently on trial for his killing, and the court proceedings have been under intense public and media scrutiny.
