Mpofu’s ‘day has come’ to face disciplinary committee for misconduct

Advocate Dali Mpofu is accused of threatening Qubudile Dyantyi, the chairperson of the Section 194 impeachment inquiry into Busisiwe Mkhwebane, while also falsely impugning the character of Thuli Madonsela by accusing her of criminality. Additionally, Mpofu is alleged to have made inappropriate and defamatory remarks, including “sexual innuendo”, directed at the then president of the Supreme Court of Appeal (SCA).

These are just three of the seven charges Mpofu will face when he appears before the Legal Practice Council’s (LPC) disciplinary committee later this month.

Breaching the code

Mpofu is accused of breaching the code of conduct for legal practitioners by the LPC in a multiple misconduct complaint against the advocate.

The LPC has asked Mpofu to appear before the committee on 30 April 2025.

The Citizen has contacted Mpofu for comment. His comment will be published once received.

The charge sheet relates to “various complaints” without identifying the complainants.

It has taken the LPC two and a half years to formally charge Mpofu with misconduct. The Citizen reported in 2021 that despite a string of disparaging remarks, the advocate may not be held accountable for his conduct.

ALSO READ: Mpofu suffers reputational damage after tongue lashing from SCA, say analysts

The day has come

However, Mpofu’s day has come after he once warned Dyantyi that “your day will come”.

In the first charge, Mpofu is accused of bringing the legal profession into disrepute with his remarks on 13 September 2022 to Dyantyi, chairperson of the section 194 inquiry into Mkhwebane’s fitness to hold office as public protector.

“Mr Dyantyi, you’re going to regret this, I am telling you now. Your day will come. I am senior to you in many ways, not just in age, but in many ways, and you know it. So you have no right to abuse me, but fine, you’ve got the power now, you can exercise it, but you’ll pay one day,” Mpofu stated. He then added, “Actually, it is not a threat, it’s a promise.”

Charges 4 and 5

Charge 4 of the complaint reveals how Mpofu questioned the character of former South African Revenue Service executive, Johann van Loggerenberg, in cross-examination on 15 July 2022.

“… You questioned him on his mental health and if he was suffering from a psychological condition, insinuating that he was not sound of mind.”

In charge 5, the LPC lists the remarks Mpofu made against Maya.

“On February 2022, at the Judicial Service Commission (JSC) interview of the then president of the Supreme Court of Appeal, Justice M Maya stated — ‘and we spent our nights together’, [this] statement failed to uphold the principles of our constitution, as this remark was discriminatory and laden with inappropriate sexual innuendo, which was offensive, unprofessional and lacking decorum.”

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

Serious charge

In one of the most serious charges against Mpofu, the LPC accused him of bringing the legal profession into disrepute through his questioning of Gauteng Judge President and Chief Justice candidate Dunstan Mlambo.

“That you contravened the Code of Conduct by bringing the legal profession into disrepute when you on 2 February 2022, at the Judicial Service Commission interview of Judge President D Mlambo, descended into character assassination with allegations of a rumour that he was guilty of the sexual harassment of female aspiring judges and that you persisted with your questioning, without providing any evidence or detail on what evidence or facts you were basing your questions.”

Final charge

The final charge against Mpofu relates to Mpofu allegedly failing in his duty to the court, the interest of justice, observance of the law and also failing to maintain the ethical standards prescribed by the code and ethical standards generally recognised by the profession.

“When you caused a letter to be addressed to Judges Raulinga, Twala and Opperman on 10 November 2021 in the matter of Moyo vs Old Mutual Ltd & others (2022) reprimanding the judges and lecturing them to the extent that the court found the content of this letter disquieting.”

Mpofu lambasted

In October last year, The Citizen reported how Mpofu’s reputation took a massive knock for pursuing an appeal on behalf of Mkhwebane.

SCA Judge Nathan Ponnan slammed Mpofu for pursuing an appeal on a recusal matter, labelling it “dead on arrival”.

“Exasperated sighs, soapbox oratory, empty rhetoric, political posturing, theatrical gestures and long-winded dismissive non-sequiturs have no place in a courtroom, particularly in response to searching questions from the bench,” Ponnan said.

“To understand the decision-making process, those who practice in this court are expected to have more than just a nodding acquaintance with the relevant rules, as also the established jurisprudence of this court.

“Developed skills in legal research, analysis and writing are an indispensable part of an appellate practitioner’s toolkit.”

Politicking

Speaking to The Citizen, legal analyst Professor Pierre de Vos said Ponnan’s comments about Mpofu seem accurate but circumspect.

De Vos said Ponnan’s judgment also alluded to Mpofu simply taking cases to court and presenting arguments for political supporters of an individual or a political party.

“That is one of the criticisms that Advocate Mpofu has faced for quite a while; that the arguments are really for a political audience, the voters of the EFF or MK, and not for the judges who need to be convinced.”

ALSO READ: Mpofu found guilty for telling advocate to shut up during Zondo commission

Mpofu’s reputation

Legal analyst Mpumelelo Zikalala told The Citizen that the lambasting that Mpofu received from Judge Ponnan damaged his reputation.

“You are only as good as your last case, reflected in law reports. Now, in this case, you have his name, which will always remain there, and even future generations are going to read to say there was one Advocate Mpofu that was written to in this particular manner.”

However, Zikalala said Judge Ponnan should not have digressed into the territory of counselling Mpofu.

He said the role of a judge is simply to interpret what the law says and guide advocates on what the interpretation is, while also taking into account case law.

Controversial arguments

Mpofu has been embroiled in a few controversial arguments.

In July 2022, a LPC investigating committee cleared him of wrongdoing for telling advocate Michelle le Roux and Pravin Gordhan to shut up.

The incident relates to the cross-examination of the late Gordhan in March 2021, in which Mpofu – representing former South African Revenue Services commissioner Tom Moyane – told Advocate Le Roux to “shut up” during a heated exchange over her questioning of the minister.

Le Roux was representing Gordhan during the proceedings.

The committee majority agreed with Mpofu that telling someone to shut up in isiXhosa would not be considered rude.

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