Judge Ratha Mokgoatlheng has again put his foot down on unnecessary delays in the Senzo Meyiwa trial after advocate Thulani Mngomezulu requested time to attend to another court matter on Thursday.
Meyiwa, the slain soccer star goalkeeper was murdered at his girlfriend Kelly Khumalo's Vosloorus home in October 2014, nine years ago next week Thursday.
“You must be here at 10am,” Judge Mokgoatlheng told Mngomezulu - who represents accused one and two - after attempts to delay proceedings in the North Gauteng High Court in Pretoria for almost two hours in order for him to attend to a matter at the South Gauteng High Court in Johannesburg.
“I can phone the Judge President to tell the judge to stand it down so that you can make arrangements when you want to argue it.
“You must be here at 10am!” said Judge Mokgoatlheng.
Mngomezulu informed the judge about the particulars of the case, informing him that Judge Shanaaz Mia was presiding over the matter in the Joburg court.
The courtroom burst into laughter as Judge Mokgoatlheng fired back in typical fashion, settling the matter: “I will phone Judge Mia personally because I trained her”.
SLOW TRIAL
A week ago, Judge Mokgoatlheng told the legal representatives in the Senzo Meyiwa murder trial that Deputy Judge President Aubrey Ledwaba had raised concerns about the slow pace at which the murder trial was proceeding.
The trial was started from scratch in July after Judge Tshifiwa Maumela fell ill, with retired Judge Mokgoatlheng brought in to preside over the matter.
There was also very little testimony in the courtroom on Wednesday after much of the day was lost to allow the defence advocates Mngomezulu, Sipho Ramosepele, Charles Mnisi, Zithulele Nxumalo and Zandile Mshololo to consult with their clients - Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli.
They were also allowed more than three hours to listen to a recording of accused one, which was recorded by Magistrate Vivienne Cronje as she administered the confession.
The magistrate told the court on Tuesday that a calm and relaxed Ntanzi, who also made direct eye contact, had willingly made the confession.
Judge Mokgoatlheng was also happy to accept that advocate Mnisi had kept up to speed with the case in absentia, but he was cautious and said the court record should reflect that he had made his own means to listen to the evidence in absentia. Mnisi indicated he had followed the case, which is live streamed using the internet.
It was Mnisi who pitted advocate Mngomezulu against Judge Mokgoatlheng when he suggested proceedings continue on Thursday after Baloyi had suggested an adjournment till Friday to allow Mngomezulu to attend to his Joburg court matter.
Mngomezulu tried to get a delayed start to 11.30am on Thursday, but the judge would have none of it.
“I have serious problems with the suggestion you are making, serious problems. Mr Mngomezulu, you will have to find someone to move that application for you.
“Mrs Cronje is a magistrate; she has to do her other duties. She can't be delayed by us because we can't arrange our affairs.
“I understood that you were going to listen to the tape (recording) and then tomorrow cross-examination. Now Mr Mngomezulu is going to be in another court,” said the judge.
Mngomezulu tried to explain that he had prepared all night to cross-examine Magistrate Cronje, but Judge Mokgoatlheng interjected again and fired another salvo.
“You know, when you take a case, you need to devote your special attention to it. Unless, like Mr Mnisi, you tell me that case was 20 years ago, so it is still continuing today,” he said.
The judge then personally committed to intervene to ensure the Mngomezulu Joburg matter stands down to allow the trial to proceed.
Judge Mokgoatlheng ordered that the trial would resume at 10am on Thursday, allowing the litigants to make submissions about the admissibility of the recording.
Magistrate Cronje's cross-examination is expected to take place from 11.30am.
IOL News