Advocate Dali Mpofu. Picture: Gallo Images.
The Johannesburg Society of Advocates (JSA) has found advocate Dali Mpofu guilty of an ethical violation for telling advocate Michelle le Roux to shut up during a hearing at the State Capture Inquiry.
According to News24, the JSA sent a letter to Mpofu stating, “It is indisputable that… you used intemperate language vis-à-vis Le Roux SC by telling her to shut up, whether directly or indirectly”.
Mpofu was found guilty of violating Rule 4.12 of the General Council of the Bar’s Uniform Rules of Ethics.
The JSA has asked Mpofu to “provide written submissions in respect of an appropriate sanction” before deciding what punishment the advocate should face.
The incident relates to the cross-examination of Public Enterprises Minister Pravin Gordhan in March 2021, in which Mpofu – representing former South African Revenue Services commissioner Tom Moyane – told advocate Michelle le Roux to “shut up” during a heated exchange over her questioning of the minister.
Le Roux was representing Gordhan during the proceedings.
Mpofu was unhappy about being interrupted by Le Roux, asking her to allow him to speak.
“Chair, I’m on the floor, this cannot happen for the third time. Mrs Le Roux must shut up when I am speaking, you too Mr Gordhan,” Mpofu said.
“Mr Mpofu, I’m in charge here, please sit down,” replied commission chairperson Raymond Zondo.
“But chair I’m still speaking, why must I be the one who sits down. Maybe we should leave because if we’re not allowed to speak and you allow interruptions,” Mpofu said.
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The following day, Deputy Chief Justice Raymond Zondo said Mpofu’s comments were unacceptable and disrespectful to the commission.
“I have never heard any lawyer in any proceedings or any commission or forum tell another lawyer or witness to shut up,” he said.
“I record my extreme concern that disrespect was shown to some of the people in the hearing and to the commission and to me as the chairperson.
Such conduct by Mr Mpofu is unacceptable. It impacts on the dignity of the commission and it is taken in a serious light.”
After Mpofu’s outburst, the Legal Practice Council (LPC) called for him to be charged for unprofessional conduct.
The LPC committee reportedly found that there was a basis to formally investigate Mpofu for unprofessional conduct for repeatedly ignoring requests and instructions given by Zondo during his stand-off with Le Roux.
The guilty verdict by the JSA comes after the Pretoria Society of Advocates in February wrote to the General Council of the Bar (GCB) calling for Mpofu to be removed as a commissioner on the Judicial Service Commission (JSC). This followed the JSC interviews for a new Chief Justice.
The Pretoria Society of Advocates called on the GCB “to recall Mpofu SC” and issue a statement distancing itself from Mpofu’s actions during the chief justice interviews, which it deemed “unacceptable”.
In what seems to be a response the the JSA’s verdict, Mpofu said he is “fighting against the existing economic, social and political system”.
“It’s naive to expect the architects, beneficiaries and #HouseNegroes of the white system not to fight back,” he added.
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