‘Criticism is fine, but insults are unwelcomed’ – Mpofu on JSC interviews

Advocate Dali Mpofu SC has responded to the backlash he received following the Judicial Service Commission (JSC) panel interviews.

This is after News24 editor-in-chief Adriaan Basson penned an opinion piece referring to Mpofu as a “nincompoop” and “scoundrel” for his conduct during the JSC interviews.

Mpofu – as well as EFF leader Julius Malema – have come under fire for their line of questioning during the interviews of Supreme Court of Appeal (SCA) Judge President Mandisa Maya and Gauteng Judge President Dustan Mlambo.

The interviews for the next Chief Justice position took place last week with the JSC recommending Judge Maya for the position.

The JSC interviewed four judges that were shortlisted – including Acting Chief Justice Raymond Zondo.

‘Hurling insults’

Reacting to the op-ed, Mpofu said he accepts constructive criticism, however, the insults that came along with it were unwelcome.

“Criticism is fine except that some people have gone beyond that to hurling insults and so on… that is obviously unwelcomed. But criticism, evaluation and analysis of the interviews is what robust democracies is all about,” he told 702.

Mpofu argued that the interviews were conducted excellently and fulfilled the constitutional mandate, saying calls for the interviews to be held again was “stretching too far”.

ALSO READ: Legal action mulled against ‘tainted’ interview process for Chief Justice post

However, the advocate indicated that the calls were understandable because “of the importance of the office” of the Chief Justice.

He further denied that he had an agenda to torpedo the campaigns of other judges, while protecting Maya, considering that he is chairperson of the EFF.

“People are free to make their opinions known, but anyone who analyses the questions I asked will realise they were structured in a particular way — questions on the post criteria, a question on transformation and a specific question for a specific candidate,” said Mpofu.

Political parties back JSC recommendation for Judge Maya to be Chief Justice

‘Disrepute’

The Pretoria Society of Advocates has since called for Mpofu to be removed as commissioner of the JSC, describing his actions as “unacceptable”.

The organisation wrote to the General Council of the Bar (GCB), which acknowledged that Mpofu has brought the advocates’ profession and the administration of justice “into disrepute“.

The GCB expressed its strong disapproval of the way in which some of the candidates were treated by Mpofu in particular during the interviews.

“His inappropriate questioning of the candidates for appointment to the highest judicial position in the land, that of chief justice, is seen to have brought the profession into disrepute,” GCB chairperson Craig Watt-Pringle said in a statement.

Watt-Pringle indicated that the GCB is in discussions with Advocates for Transformation (AFT) after the council was requested “to seek the replacement of Mpofu on the JSC”.

Former Constitutional Court (ConCourt) Judge and Freedom Under Law (FUL) director, Johan Kriegler, also criticised Mpofu and Malema last week, saying the pair should not have participated in the JSC proceedings considering their “suitability to fulfil their constitutional duty is a matter of serious doubt”.

READ MORE: ‘Complain to the powers that be,’ says Mpofu on calls to step down from JSC

But some prominent advocates, however, have defended Mpofu.

According to Jacaranda FM, the advocates have argued in a letter that Mpofu is under attack due to his race, further criticising Basson for his choice of language.

“If Basson is so committed to polite language as he claims, his point and even criticism of the process or Mpofu and Malema could be done without resorting to insults.

“The term nincompoop is drawn from the latin phrase ‘non-compos mentis’, which means a person not of right mind. We find these references hurtful, demeaning and unnecessary,” the group said in a statement.

The advocates continued to say: “[Basson] naturally sees Mpofu, the way the colonial forefathers viewed an African person: an immoral, depraved and irrational being, whose race is so inferior it deserves the master’s sharp tongue and reprimand.”

‘Shut up incident’

Mpofu was previously investigated by the Legal Practice Council (LPC) regarding his conduct at the Commission of Inquiry into Allegations of State Capture in March last year.

Proceedings became heated at the time when Mpofu, who cross-examined Public Enterprises Minister Pravin Gordhan, told advocate Michelle le Roux, acting on behalf of the minister, to “shut up”.

ALSO READ: JSC under fire for politicised interview of the next Chief Justice

Mpofu also interrupted Justice Zondo – who labelled his behaviour as “unacceptable” and “disrespectful” – when he attempted to control the proceedings.

The LPC concluded that Mpofu interrupted Zondo on numerous occasions and “did not uphold the accepted decorum in court”.

The council further recommended that Mpofu be charged with professional misconduct. These charges are pending.

Zondo and Mpofu, are they enemies or buddies?

Additional reporting by Narissa Subramoney, Thapelo Lekabe and Vhahangwele Nemakonde