Senior counsel Dali Mpofu has been called to a disciplinary inquiry before the Legal Practice Council’s disciplinary committee. He is facing seven charges of breaching the code of conduct for legal practitioners — including bringing the profession into disrepute, impugning people’s characters and failing in his duty to the court.
Mpofu’s professional conduct — particularly during the parliamentary impeachment inquiry of former public protector Busisiwe Mkhwebane — has often been criticised. The Legal Practice Council has asked Mpofu to appear before its disciplinary committee on April 30.
The charge sheet is related to “various complaints”, without identifying the complainants. However, the Sunday Times previously reported on a May 2023 complaint by the Council for the Advancement of the SA Constitution, which covers much of the same ground as the charge sheet. Then there was a 2022 judgment sent to the Legal Practice Council by three judges of the high court in Johannesburg for “an investigation” related to a letter the judges received from a legal team led by Mpofu during litigation.
In the charge sheet, Mpofu is accused of impugning the character of Mkhwebane’s predecessor, Thuli Madonsela, when he cross-examined her about “the attestation of affidavits” — a reference to questions he put about the way Madonsela’s statement to the inquiry had been commissioned by a commissioner of oaths.
This was aimed at “trying to discredit Madonsela and imputing criminal conduct on her part”, the charge sheet reads.
Mpofu is also charged with “spending many hours” cross-examining Madonsela “attempting to impugn her character, where you reasonably should have known that her answers would not be material to her credibility or material to any issue in the case”.
During the impeachment inquiry, commentators were appalled when Mpofu repeated personal insults that Madonsela had been subjected to in previous years — including about her looks — and when he called into question whether she was admitted as an advocate.
Then there is a charge of bringing the profession into disrepute when he told the chairperson of the inquiry, Qubudile Dyantyi, that “you will pay one day”, adding this was “not a threat, it’s a promise”.
Mpofu is also charged with impugning the character of former SA Revenue Service (Sars) official Johann van Loggerenberg during the impeachment inquiry when he questioned him on his mental health and asked if he was suffering from a psychological condition, “insinuating that he was not of sound mind”, the charge sheet says.
Mpofu faces two charges for how he conducted himself at Judicial Service Commission (JSC) interviews in February 2022. One relates to a remark he made during the interview of chief justice Mandisa Maya (then president of the Supreme Court of Appeal), saying they had “spent our nights together”, the charge sheet states.
After a prompt from Maya, Mpofu clarified he was referring to a late-night study session. The charge sheet says the statement “failed to uphold the principles of our constitution, as this remark was discriminatory and laden with inappropriate sexual innuendo, which was offensive”.
The second JSC-related charge was about a line of questioning that “descended into a character assassination” of Gauteng judge president Dunstan Mlambo. Mlambo was questioned about a rumour of sexual harassment — “you persisted with your questioning, without providing any evidence or detail on what evidence or facts you were basing your questions”, the charge sheet states.
Finally, there is a charge related to a 2022 judgment from the high court in Johannesburg where the court took a dim view of a letter sent to the judges by former Old Mutual CEO Peter Moyo’s legal team which was led by Mpofu.
The judges, Joseph Raulinga, Mpostoli Twala and Ingrid Opperman, said the letter caused the bench “disquiet” for several reasons, including that it “reprimanded [the bench] for having the impertinence to request clarification on issues which fall for determination”.
The judges said in their judgment the matter would be forwarded to the Legal Practice Council for an investigation because “conduct of this nature could lead to a conclusion of unprofessional conduct”.
The letter was signed by Moyo’s attorney, but Mpofu is charged with having “caused the letter” to be sent. The charge sheet says the letter “reprimand[s] the judges and lecture[s] them”. It was a failure by Mpofu in his duty to the court, the interests of justice, observance of the law and failing to maintain ethical standards, says the charge sheet.
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