Advocates ‘don’t like to be seen to be criticising’ Mpofu publicly

Despite a string of disparaging remarks he made in judicial and parliamentary inquiries, the National Bar Council of South Africa and the Legal Practice Council may not rein in senior counsel Dali Mpofu.

While Bar Council chair Advocate Bafobekhaya Momoti on Wednesday failed to respond to a set of questions e-mailed by The Citizen, a source within the Legal Practice Council said he did not anticipate any strong censure to be imposed on Mpofu for publicly ridiculing Section 194 committee chair Qubudile Dyantyi – “due to much support he (Mpofu) enjoys among members in the body”.

The source said: “There are many advocates who don’t like to be seen to be criticising Mpofu publicly, but {who} do so in private. The fact that nobody lodges a complaint against him speaks volumes. He has become a law unto himself.

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“When he was on the JSC [Judicial Service Commission] some judges were afraid of him, especially those with aspirations to more senior appointments. These included people who aspired to become judge president or deputy, to serve on the Supreme Court of Appeals or the Constitutional Court.

“They would handle him with kid gloves, because they would meet up with him in the JSC. And he was capable of abusing his position as he did.”

The source added: “He is not representing true values as an officer of the high court. Threatening an MP (Dyantyi) who is going about his duties is completely unacceptable from anyone – especially an advocate.

“For a senior counsel who has been chair of the Johannesburg Bar Council – viewed by many juniors as a leading light because of the prominence he enjoys – he has shown disrespect. I can’t stress strongly enough how my colleagues are really outraged by this.

“But I am not surprised because there is a long history in this kind of conduct. It is just that Mpofu gets more emboldened as time goes on.”

‘It’s about raw politics, the exercise of power’

Policy analyst and human rights activist Dr Nkosikhulule Nyembezi said: “What is at play demonstrates that there is a lot at stake in this impeachment process [against suspended public protector Busisiwe Mkhwebane]. It is about raw politics, the exercise of power.

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“Being combative can be one way to neutralise evidence against Mkhwebane. It might be a tactical part of Mkhwebane’s legal representation strategy. Those who object should follow formal processes.”

Legal expert James Grant said unethical behaviour should be reported and dealt with by the Legal Practice Council. Inappropriate remarks made by Mpofu include:

• Telling a JSC hearing that he and Deputy Chief Justice Mandisa Maya “spent a night together”. At the time she was being interviewed for the position of chief justice;
• Telling Public Enterprises Minister Pravin Gordhan and his advocate Michelle le Roux to “shut up” during the Commission of Inquiry into State Capture. Mpofu was later cleared of wrongdoing for this by the Legal Practice Council; and
• Accusing Gauteng Judge President Dunstan Mlambo of having been involved in sexual harassment – a remark that was made at the JSC interviews, which affected his chances of being appointed chief justice.

– brians@citizen.co.za