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

Advocate Dali Mpofu says any organisation that thinks he should not be part of the Judicial Service Commission’s (JSC) interviews for the position of Chief Justice, should approach the relevant authorities to register their complaints.

JSC interviews

This after civic organisation Freedom Under Law (FUL) on Tuesday expressed concerns about Mpofu and EFF leader Julius Malema’s participation in the public interviews.

This week the JSC is interviewing a shortlist of four senior judges in Johannesburg in order to advise President Cyril Ramaphosa on the selection of the next Chief Justice. 

Mpofu on Wednesday said he did not want to comment on the matter, but should FUL have an issue with any commissioner of JSC, they should approach “the powers that be”.

“Anyone who is aggrieved about any commissioner, I’m now speaking for the JSC, has a right to complain about that commissioner to the powers that be.

“The only powers that be that I can think of are the courts or the president because we are all here appointed by the president,” Mpofu said.

“I think those processes should be followed whether it’s me or anybody, it’s the same; the rules must apply.”

He was speaking at a media briefing in his capacity as one of the JSC’s spokespersons.

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Mpofu said section 178(1)(a) of the Constitution, which deals with the establishment of the JSC and its functions, clearly stated how the constitutional body’s commissioners were appointed.

Asked about whether he had any apprehension over the complaints against him, Mpofu said he did not.

“I think people are just manufacturing it [the complaints] for their own purposes,” he said.

‘Serious ethical charges’

FUL chairperson and retired Judge Johann Kriegler had questioned the suitability of Mpofu and Malema to fulfil their constitutional duties as commissioners of the JSC, due to “serious ethical charges” levelled against them.

In a statement, Kriegler said Malema was recently found to have breached Parliament’s Code of Ethical Conduct for asking an inappropriate question to a judge during the JSC’s interviews last year, concerning a matter in which he had a personal interest. 

“It went on to hold that Mr Malema had used the JSC as a ‘platform for his personal interests’. It accordingly recommended that Parliament sanction Mr Malema by requiring him to apologise to both the judge concerned and the JSC for his conduct. Parliament is yet to deliberate on the matter while Mr Malema, it appears, remains unrepentant,” he said.

Professional misconduct

Kriegler said the Legal Practice Council (LPC) last year recommended that Mpofu be charged with professional misconduct for his conduct at the State Capture Commission.

The incident relates to the cross-examination of Public Enterprises Minister Pravin Gordhan in March 2021, in which Mpofu – acting on behalf of former Sars commissioner  Tom Moyane – told advocate Michelle le Roux to “shut up” during a heated exchange over her questioning of the minister.

“The JSC has long applied the principle that a candidate facing a misconduct charge should not be considered for appointment. Yet the JSC permits two members against whom misconduct proceedings are ongoing to participate in this week’s proceedings,” Kriegler said.

“We respectfully suggest that Mr Malema and Mr Mpofu should stand aside from service on the JSC as long as they are subject to these serious ethical charges. Unless and until they successfully challenge the findings, they are not fit to pass judgment on the ethical and professional qualities of others.”

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