The Pretoria Society of Advocates wants the General Council of the Bar (GCB) to recall advocate Dali Mpofu SC (senior counsel) as a commissioner serving on the Judicial Services Commission (JSC) following his “unacceptable” performance at last week’s chief justice job interviews.
In addition, the society also wants the GCB to issue a statement “deprecating” the manner in which the interviews were conducted and to disassociate the bar from Mpofu’ actions and statements.
This was detailed in a letter sent by the society’s chairperson advocate D.M. Leathern SC and addressed to GCB chairperson advocate Craig Watt-Pringle SC, dated February 7.
“The actions of Mpofu SC have brought the GCB and the profession in general into disrepute. He certainly does not speak for the majority of the profession,” the scathing letter read.
“The political activities and allegiances of Mpofu SC are well known. As a commissioner representing the GCB in particular and the profession in general, his duty is not to promote his political views, but rather the interests of the profession and to do so in a respectful, dignified, objective and professional manner. In this Mpofu SC has fallen short.”
The society heavily criticised the manner in which the interviews were conducted and the treatment of certain nominees by the JSC. It put particular focus on acting Chief Justice Raymond Zondo and Judge President Dunstan Mlambo’s interviews, describing their treatment as “shameful”.
“It was shameful and has certainly done nothing to improve the reputation of the judiciary or the profession,” the letter read.
The society said while the conduct of a number of the commissioners was subject to severe criticism and censure, it was particularly “perturbed” by Mpofu’s behaviour.
“It began with an attempt at levity in the interview of Supreme Court of Appeal President Maya which was sexist, condescending and has been described in the press as ‘puerile’ and ‘a male commissioner’s lewd double entendre’ (Rebecca Davis). The discomfort and embarrassment caused was obvious,” it said.
“Thereafter, Mpofu SC in the interview of Judge President Mlambo descended into a character assassination where the judge president was without prior warning confronted with the allegation of a rumour that he was guilty of the sexual harassment of female aspiring acting judges.
“This rumour was raised and questioning persisted without an iota of evidence or detail being presented. It was scandalous and was eventually and appropriately ruled out of order and struck from the record.”
The society told the GCB that in terms of a convention, Advocates for Transformation (AFT) were afforded the privilege of nominating a person to fill one of the two positions open to the advocates’ profession on the JSC, but this person was however nominated from the body of members of the GCB and remained a representative of the GCB.
The Pretoria Society of Advocates concluded the letter by calling on the GCB to do “whatever is necessary” to recall Mpofu as a commissioner on the JSC and to issue a statement disapproving the manner in which the interviews were conducted, as well as Mpofu’s actions.
In a separate statement, the GCB confirmed it had been requested by a number of constituent bars and individual members to seek the replacement of Mpofu on the JSC. It said the GCB was in discussions with AFT regarding the issue.
The GCB expressed its disapproval of the manner in which some of the candidates were treated by some commissioners, again highlighted Mpofu’s conduct.
“His inappropriate questioning of the candidates for appointment to the highest judicial position in the land, that of the chief justice, is seen to have brought the profession into disrepute,” the GCB said.
It added that the pending disciplinary charges against Mpofu for his conduct at the state capture commission of inquiry should have disqualified him from representing the advocates’ profession on the JSC for purposes of interviewing the candidates, in particular Zondo who chairs the commission.
The organisation particularly mentioned Mpofu and EFF leader Julius Malema’s line of questioning of the candidates, saying it created an impression that they were using the JSC as a platform to play out politics.
“The spurious ad hominem attacks on Mlambo JP, during the course of which resort was had to highly destructive, and clearly unsubstantiated, ‘rumours’ of sexual harassment of applicants for acting appointments, for which, on Mpofu SC’s own version, there was no factual basis, is seen to have been employed simply to taint the reputation of the honourable judge president and exclude him from consideration for appointment on this fabricated ground alone,” said the GCB.
“The sexist nature of Mpofu SC’s questioning of SCA president Maya, resorting at the commencement of his questioning to totally inappropriate sexual innuendo, which was offensive and, once again, unprofessional and lacking in the decorum which the platform and interviewing process required, has heightened the concern.”
kailene.pillay@inl.co.za
Political Bureau