Legal Practice Council denies having vendetta against Mpofu

The Legal Practice Council (LPC) denies allegations that its disciplinary action against uMkhonto weSizwe (MK) party senior member and legal profession heavyweight advocate Dali Mpofu SC has ulterior motives.

LPC was responding to the allegations made by the Pan African Bar Association of South Africa (Pabasa), in which it warned it not to be used as a political or personal weapon by those who hate Mpofu.

A few days ago, Pabasa wrote a letter to LPC chair advocate Pule Seleka, stating that it was concerned about the charges “aimed at intimidating and potentially tarnishing Mpofu’s reputation”.

LPC is currently conducting disciplinary proceedings into Mpofu’s professional conduct, including charges of bringing the legal profession into disrepute.

The LPC has also applied to have another MK party member advocate, Busisiwe Mkhwebane, removed from the court’s role.

LPC confirms letter from Pabasa

Seleka confirmed that Pabasa has accused it of targeting Mpofu. “We wish to make it clear that we consider it inappropriate for any professional body to seek to intervene in a pending disciplinary matter as suggested in Pabasa’s letter.

“To do so would be to deviate from the LPC processes and procedures, which are predicated on due process and which are designed to ensure that the LPC acts without fear, favour or prejudice.

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“Their letter also appears to be predicated on a misunderstanding of the functioning of the LPC’s disciplinary processes in general,” said Seleka.

He denied that LPC was being used as a tool to target black practitioners and marginalised Pabasa.

Pabasa criticised

On Wednesday, another law profession’s body, Public Interest South Africa, criticised Pabasa for attacking the LPC on the Mpofu matter.

Public Interest SA chair Tebogo Khaas said: “We note with utter dismay the letter circulating via social media and purportedly addressed by Pabasa to the chair of the LPC.

“This letter, ostensibly penned in defence of advocate Dali Mpofu, constitutes an alarming and deeply irresponsible affront to the rule of law, the independence of regulatory institutions and the integrity of South Africa’s legal profession,” said Khaas.

“While Pabasa makes a perfunctory attempt to disclaim any intention to interfere in the disciplinary proceedings instituted by the LPC, its letter proceeds to do precisely that, casting aspersions on the motives of the LPC, impugning its leadership and characterising its statutory responsibilities as acts of intimidation.

“These unfounded assertions and thinly veiled threats amount to a blatant and impermissible attempt to undermine the LPC’s constitutional and legislative mandate to regulate the profession.”

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‘A matter of great public concern’

Khaas said to suggest that the LPC is engaged in “hatred” or “petty rivalries” for executing its disciplinary duties was not only contemptuous but symptomatic of a broader malaise in certain quarters of the profession that treat public accountability as optional.

“Mpofu’s conduct, which is the subject of the LPC’s disciplinary scrutiny, is a matter of grave public concern.

“As a senior counsel and former member of the Judicial Service Commission, his public statements and courtroom behaviour have frequently drawn criticism for being inflammatory, unbecoming and at odds with the ethical standards expected of legal practitioners.

Political affiliation concerns

“Pabasa’s intervention signals a dangerous prioritisation of factional loyalty over professional integrity and legal accountability,” he said.

Pabasa’s advocate Farzanah Karachi would not comment. Political analyst Prof Ntsikelelo Breakfast did not want to say whether Mpofu was targeted or not.

But he said lawyers must be careful about their political affiliation because it “affects the way their work is seen by others. I believe lawyers should not be allowed to be active members of political parties.”

Political analyst Prof André Duvenhage said: “The LPC has a relatively strong point and Pabasa is counter to this politically.”

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