Deputy chief justice Raymond Zondo sent a stern warning to legal representatives and witnesses appearing before him at the state-capture inquiry that he will brook no disrespect of the commission.
This comes after former Sars commissioner Tom Moyane’s legal advocate, Dali Mpofu, told public enterprises minister Pravin Gordhan’s advocate, Michelle le Roux, to “shut up” in a heated cross-examination on Tuesday.
Mpofu was at the commission to cross-examine Gordhan after he implicated Moyane in earlier testimony.
After complaining of mistreatment and bias, Mpofu finally took his seat after being ordered to do so by Zondo.
“I’ve never heard any lawyer in any court proceedings or forum tell another lawyer to shut up,” Zondo, who is chairing the commission, said. “Even I would not tell someone to shut up.”
Before the start of proceedings on Thursday, Zondo addressed the issue saying the right to be heard is “not absolute” and that he wanted to address the incident clearly for anyone thinking of doing the same in the future.
He stamped his authority on the commission by saying that he will decide when someone speaks and that no legal practitioner, including Mpofu, “has the right to tell someone to shut up”.
He referred to the uniform rules of the General Council of the Bar of SA, saying that clients, not personalities, take precedence.
Zondo labelled Mpofu’s utterance “unfortunate and unacceptable”. He conceded that, while tensions rise, on the whole, everyone manages to ensure proceedings of the commission continue smoothly.
Referring to Mpofu’s outburst, Zondo said such conduct cannot be tolerated and is regarded in a very serious light.
“Not only was disrespect shown to some of the people in this hearing, but also to this commission and to me as the chairperson. It’s my right and obligation to make sure I allow somebody to speak. It is my right to determine when and how long they should speak. It is my right to determine when they stop speaking.
“Mr Mpofu was told by me to sit down towards the end of the proceedings and he was not the first legal practitioner to be told,” Zondo said and referred to former Eskom executive Matshela Koko’s legal representative, Frans Barrie SC.
“No legal practitioner, including Mr Mpofu, has the right to tell someone to shut up,” Zondo said.
Making reference to Mpofu’s conduct, Zondo said it falls short of what the noble legal profession stands for. “I may consider what to do in the future if a witness or their lawyer is not prepared to subject themselves to the authority of the chairperson.”
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.