Calls for an investigation on whether Mpofu crossed the line

Dali Mpofu, advocate for suspended public protector Busisiwe Mkhwebane, could find himself the subject of a parliamentary probe following his outburst yesterday, when he accused ANC MP Qubudile Dyantyi of “abusing” him and that he would “regret this”.

Dyantyi, who is chair of the Section 194 parliamentary inquiry into Mkhwebane’s fitness to hold office, asked Mpofu if his words – including his remark that “your day will come” were a threat.

Mpofu responded: “This is not a threat but a promise. You’ve got the power now. You can use it. But you’ll pay one day.”

Dyantyi and Mpofu clashed several times yesterday, with the chair muting him on a number of occasions in the online hearing. Several MPs called for an investigation on whether Mpofu had not crossed the line, while others were supportive of him.

WATCH: Dali Mpofu puts on a masterclass in disrespect at Mkhwebane inquiry

Across party political lines, MPs – DA deputy chief whip Annelie Lotriet, FF Plus chief whip Corné Mulder, ANC’s Violet Siwela and party deputy chief whip Doris Dlakude – expressed disappointment at Mpofu’s conduct, calling on Dyantyi to examine whether Mpofu had not contravened the law in terms of the Powers and Privileges Act. The Act renders it illegal for anyone to threaten MPs in the performance of their functions. Contravening it can carry a prison sentence of up to three years.

In February, the General Council of the Bar (GCB) said Mpofu had brought the advocates’ profession and the administration of justice into disrepute over how he had handled interviews on the Judicial Service Commission for interviews on the Judicial Service Commissio for replacement judges.

The GCB did not respond to requests for comment on Mpofu’s threats today.

The heated argument between Mpofu and Dyantyi was sparked by a failed bid to postpone this week’s hearing on the grounds of Mkhwebane being sick and the defence team preparing for appeals against the Western Cape High Court judgment.

Mpofu was denigratory to Dyantyi: “I am senior to you in all respects – not just in age.”

The court last week declared President Cyril Ramaphosa’s decision to suspend Mkhwebane as biased and invalid with immediate effect – followed by a subsequent flurry of appeals, which included the DA and the presidency.

According to Mpofu, this flurry of court papers his team has had to deal with made it difficult for him to cross-examine witness Nelisiwe Thelejane, the public protector’s former investigator. However, Dyantyi ruled that proceedings continue, with MPs cross-examining Thelejane – leading to continuous interjections by Mpofu, with Dyantyi ordering that he be muted.

ATM leader Vuyolwethu Zungula, UDM’s Bantu Holomisa and EFF MP Omphile Maotwe, who earlier called for the postponement of the proceedings, were overruled by Dyantyi.

Protested Mpofu: “You are not entitled to abuse me like you are abusing me. I’m senior to you in many respects, not just in age, but in many ways. You know it. So, you have no right to abuse me. But fine, you have the power now, you can exercise it, but your day will come one day.”

He added: “The public protector is not here – not well, taken to doctors – something I learnt about this morning. As we also know, on Friday, there was a judgment in the Western Cape High Court, wherein the PP was effectively reinstated.

“Later that evening, the DA filed … an application for leave to appeal, directly to the Constitutional Court. The effect is that the decision of the court, automatically becomes suspended – meaning the public protector was reinstated for about five hours.”

In dismissing Mpofu’s application, Dyantyi said: “The committee hearings are ongoing. I am granting advocate Mpofu’s request to postpone his cross-examination of the witness to accommodate him and in the absence of the PP.

“I will allow the cross-examination to be deferred to Wednesday – 21 September 2022. To allow the committee not to be unduly delayed, members will today proceed to ask questions to Miss Thelejane.”

– brians@citizen.co.za