Charles Mnisi, the attorney for two of the defendants in the Senzo Meyiwa murder trial, has notified the court that he will be running the Comrades Marathon on Sunday and will not be available for court proceedings on Monday.
Mnisi notified the court on Wednesday by sending a note to the registrar, and Ratha Mokgoatlheng, the presiding judge, read his message on Thursday morning.
He said it was wrong for Mnisi to address him as “a dear colleague”. “This [the note sent via a cellphone] is not addressed to me because I am not his colleague, clarified Mokgoatlheng.
Court officials communicate via the registrar
Mnisi’s note states: “May you kindly convey my humble request for leave of absence on Monday, the 9th of June, 2025, to the honourable judge?
“The reason for my unavailability is that I will be running the Comrades Marathon on Sunday and will be driving back on the following Monday.”
Mokgoatlheng continued reading the note: “I know this may affect the proceedings in the abovementioned matter, but may I apologise in advance for the inconvenience?”
Mokgoatlheng said the fact that what he read was not even in a letter left him perplexed.
“This [the note] cannot be via the registrar. Mr Mnisi is telling the registrar that he will not be here on Monday, and so I do not know what I should do because I am told that ‘I am not coming to court’,” said Mokgoatlheng.
The state prosecutor, advocate George Baloyi, stated that it is customary for court officials to communicate with judges via the registrar. “I guess that is what Mr Mnisi followed,” explained Baloyi.
Lack of respect and decorum
However, Mokgoatlheng said he was not going to respond to the note.
“If Mr Mnisi doesn’t want to come to court on Monday, that is his business. However, I will attend court because the judge president [JP] expects my presence there.
“I cannot tell the JP that somebody is going to run a marathon. Therefore, the case should stop so that everyone can watch the marathon, I suppose,” said Mokgoatlheng.
He lamented the lack of respect and decorum in court.
“I was told to go to hell. Imagine counsel telling a judge that. This is what happens in this court; I am told that I am mad because I think I am better.”
Finally, Mokgoatlheng concluded, saying: “You need to start respecting everyone and refer to them as expected by the court.”
