EDITORIAL: Mpofu’s conduct a disgrace

The Code of Conduct for Legal Practitioners states that all SA lawyers must “behave with integrity, fairness and respect and without unfair discrimination, and shall avoid any behaviour which is insulting or demeaning”.  

Not so, it seems, if you are Dali Mpofu SC. Consider this week’s session of the section 194 inquiry into suspended public protector Busisiwe Mkhwebane, Mpofu’s client.

In an exchange with Thuli Madonsela, Mpofu relayed insults about Madonsela’s “looks”, cast doubt on her status as an advocate, insinuated she could face criminal liability and questioned whether she was born in SA. 

Mpofu’s conduct appears to be the very “behaviour which is insulting or demeaning” spoken of in the code. Indeed, inquiry chair Qubudile Dyantyi said to Mpofu: “Yesterday, I did ask that the language is (sic) toned down... it is not proper that you use such language in this inquiry.”

However, Mpofu seems dismissive of the code, which is governed by the Legal Practice Council (LPC). His conduct is also a function of the LPC’s weakness. In 2022, the council seemingly gave its blessing to such behaviour. In a poorly written ruling, it held that Mpofu had done no wrong in telling another female colleague, Michelle Le Roux, and a witness, Pravin Gordhan, to “shut up”. 

It seems Mpofu has taken the ruling as condonation. In doing important work in these inquiries, participants deserve protection from the sort of conduct exhibited by Mpofu. His performance on Tuesday is not the behaviour that is expected of a senior advocate. The LPC needs to get its act together.