Meyiwa trial: Judge Ratha Mokgoatlheng apologises for race-based remarks
JOHANNESBURG - The presiding judge in the Senzo Meyiwa trial opened Monday's proceedings with an apology for race-based remarks he recently made.
Last week, Judge Ratha Mokgoatlheng drew widespread outrage after he rebuked Advocate Charles Mnisi for asking for leave as he would be running the comrades marathon.
Mnisi had sent a message to the court's registrar that he would be returning from KwaZulu-Natal after running Sunday's Comrades Marathon.
"This is South Africa, run by blacks. I can tell you now, even if you call me an Uncle Tom, I don't think a white advocate would have the gall to ask me that. Never," said Mokgoatlheng.
Lawyers and Parliament's Justice Committee called for him to withdraw his comments and issue a public apology.
On Monday, Mokgoatlheng gave a detailed apology for his conduct.
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Cavanagh, in claiming the publications are defamatory and unlawful, wanted Mann to remove them and publish an apology. She also wanted an order preventing future publication of similar content. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. 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Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Mann disputed the urgency of the application and denied that the content of the posts is defamatory or otherwise unlawful. Judge Seena Yacoob commented that the 'chaotic' and 'vague' manner in which the application is pleaded does not commend itself to determination on an urgent basis, but she agreed to hear it on an urgent basis. She said both Cavanagh and the Two Oceans Marathon (cited as the second applicant) fail to set out a clear factual background. In addition, the judge said, the applicant's papers contain neither the dates of the publications, nor the specific statements or utterances complained of. Cavanagh, however, said that she considers each publication defamatory in its entirety. Judge Yacoob further noted that the publications consist of much material which is either not obviously defamatory, or not defamatory at all. 'Neither of the applicants have made out a case that the esteem in which they are held is of a particular type. Cavanagh does not favour the court with her own full history nor does she demonstrate that she is viewed with any particular esteem or that she has a reputation for integrity and good leadership.' The judge added that the Two Oceans does not contend that it has run its events in a manner reasonably beyond criticism and above board. It does not even contend, let alone attempt to demonstrate that it has conducted its events lawfully and in a manner compliant with its permits from the City of Cape Town. 'There is no attempt to demonstrate that any of the factual claims made in the publications is untrue, although there is a bald allegation that they are all false,' Judge Yacoob said in turning down the application. Cape Argus
