Judge Ratha Mokgoatlheng. Picture: Simphiwe Mbokazi/African News Agency (ANA)
Cape Town - A high court judge has berated state prosecutors for missing the handing down of a judgment dismissing Police Minister Bheki Cele’s appeal against a ruling.
The ruling directed the SAPS to pay the legal fees of apartheid-era police officers Christiaan Rorich and Thlomedi Mfalapitsa, who are charged with killing the Cosas 4. Aside from the family’s junior counsel, no other party pitched – not even the prosecutor.
Eventually a lawyer from the State attorney’s office, Reginald Pooe, showed up after a call was put through to the office.
Rorich’s defence attorney, Kobus Muller, sent a message to the court saying that he was not in Johannesburg but the State prosecutor was also not in court.
Judge Ratha Mokgoatlheng signalled his displeasure at their non-attendance and said it appeared that they did not care about the case.
He said the two senior State attorneys flouted their prosecutorial obligations, the administration of justice and the interest of justice.
“The degree of non-compliance with the lodging of the notice of appeal and the amount of the flagrant and contemptuous and egregious flouting and denigrating of their conduct in their non-compliance of the law leaves much to be desired.”
He wrote in his judgment: “Even at this late stage there is no explanation or apology or contrition regarding the conduct of the State attorneys, who are officers of the court, or their conduct was contemptuous of the court despite the fact that the court even told them.”
He said that the conduct of the State attorneys in complying strictly with the protocols and rules of court governing appeals to be the backdrop of the rule of law and appeals should be dealt with expeditiously and without delay.
“More especially in a criminal matter like this one which occurred 40 years ago.”
Judge Mokgoatlheng said he would write a letter instructing defence attorney Kobus Muller and the State prosecutor to hold a pre-trial in February and that the trial should commence on April 25.
mwangi.githahu@inl.co.za