By Thapelo Molefe
Eastern Cape High Court Judge Mandela Makaula has formally withdrawn and apologised for disparaging remarks he made about Mthatha-based legal practitioners during his Judicial Service Commission (JSC) interview earlier this month, where he was being considered for the position of Deputy Judge President.
The apology that was issued on Thursday through the Office of the Chief Justice (OCJ), follows a public outcry and condemnation from several legal bodies, including the Mthatha Society of Advocates. Makaula accused Mthatha lawyers of collusion, dishonesty, and damaging the integrity of the division.
During his JSC interview on 13 October, Makaula claimed that some practitioners in Mthatha were “liars” who failed to act in their clients’ best interests.
The comments quickly drew sharp criticism from the legal fraternity, with many describing them as baseless and damaging to the transformation of the legal profession.
A few days after Makaula’s interview, the Mthatha Society of Advocates said it was horrified by Makaula’s allegations and demanded that he provide evidence to substantiate his claims.
The society said it had written to Acting Judge President Nhlangulela and Acting Deputy Judge President Takata, seeking clarity on the basis of the judge’s comments.
“It is shocking to observe that these allegations arose in circumstances where the inquiry was about Judge Makaula’s fitness to hold a Deputy Judge President position,” the society said.
“Instead of focusing on his fitness to hold the office, he was allowed to disparage Mthatha legal practitioners.”
The society condemned the remarks as “a step back in the agenda for the transformation of the legal profession,” arguing that they reinforced harmful stereotypes that black lawyers are inferior to their white counterparts.
Following days of criticism, Judge Makaula said he had decided to resolve the matter through dialogue. He appointed Advocate Dali Mpofu to represent him in engagements with law bodies that had expressed concern over his statements.
“I hereby withdraw the remarks I made. I publicly, unconditionally and sincerely apologise for those remarks, which were unfairly uttered without providing justification or evidence,” Makaula said in his apology.
“I particularly regret painting all Mthatha practitioners with the same brush and making an unfair comparison by suggesting that practitioners in Gqeberha conduct themselves better.”
Makaula said most of the legal bodies involved in the discussions had welcomed his apology and agreed to a “mutually negotiated resolution”.
He added that future concerns about the legal fraternity would be raised through internal channels instead of public forums.
“Henceforth, any future concerns I have will be addressed through the existing internal channels rather than in the public domain,” he said.
“This will be done to maintain mutual respect between judges and legal practitioners.”
He committed to fostering ongoing dialogue between the judiciary, the legal profession and the public. Consultations to formalise this process are expected to begin immediately and be completed by the first court term of 2026.
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