Mpofu’s misplaced remarks only serve to further ruin his credibility and public standing

From Sydney Kentridge, Issie Maisels, George Bizos to Silas Nkanunu, South Africa has seen some of its best legal eagles putting compelling arguments in court.

While aggression – as part of a legal strategy – has been employed by some lawyers to challenge questionable evidence from an unconvincing witness, court decorum has never allowed for rudeness, grandstanding or a stance that borders on bad demeanour. The same decorum governs proceedings at commissions of inquiry and parliamentary hearings – followed with much interest by the public.

During their time as lawyers, Kentridge, Maisels, Bizos and Nkanunu dealt with matters of life and death – the so-called terrorism and treason trials, with extrajudicial killings of antiapartheid activists marking the apartheid era.

Mounting a tough challenge but maintaining composure during such tough moments in court earned them local and international respect. They expressed their seething anger with facts, backed by the application of the law to drive home their valid arguments before judges appointed by the National Party regime, to ensure the implementation of the law to the fullest.

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As things turned out in parliament this week – during the much-followed Section 194 committee hearings into Public Protector (PP), advocate Busisiwe Mkhwebane’s fitness to hold office – senior counsel Dali Mpofu was unashamedly disparaging to chairperson Qubudile Dyantyi.

Dyantyi, a soft-spoken, down-to-earth model MP who has conducted the hearings with professionalism, previously made his respect hearing as Mkhuluwa (big brother in isiXhosa).

Instead of putting his argument forward in a compelling fashion, Mpofu has resorted to interjections, the latest being spewing at Dyantyi to weaken his grip on proceedings – arousing much annoyance among several MPs across the party political divide.

Mpofu may be a senior counsel who has earned several stripes in the legal profession, including serving as a commissioner of the Judicial Service Commission, but his misplaced remarks directed at Dyantyi, can only serve to further ruin his credibility and public standing.

His remarks: “I am senior to you in all respects – not just in age”, “you are going to regret this” and “your day will come” – have nothing to do with arguing against a possible impeachment of Mkhwebane. Instead, this can only serve to weaken Mkhwebane’s case and harden attitudes by MPs towards Mpofu and the public protector instead of neutralising Dyantyi.

Misplaced arguments and odd outbursts – synonymous with a street fight – have become traits associated with Mpofu, much to the irritation of many people.

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

There should be a difference between chaotic debates among MPs in the National Assembly and an officer of the high court who is representing the public protector at an important hearing about the future of her career.

The embarrassing situation playing out at the section 194 committee hearings is nothing new. Still fresh in our minds is that the Legal Practice Council cleared Mpofu of any misconduct. This was after another controversial remark during a Commission of Inquiry into State Capture hearing, with Mpofu telling Public Enterprises Minister Pravin Gordhan and his advocate, Michelle le Roux, to “shut up”.

Has the council become another toothless bulldog?