‘Shut up’ – Dali Mpofu probed for professional misconduct

The Johannesburg Bar Council received a complaint against Mpofu for his demeanour during cross-examination at the State Capture Commission of Inquiry earlier this week.  

Mpofu, representing former SARS commissioner Tom Moyane, said Public Enterprises Minister Pravin Gordhan’s lawyer, Advocate Michelle Le Roux must “shut up”. 

Mpofu had objected to Le Roux’s line of question when both lawyers clashed. 

He then also told a shocked Gordhan to shut up. 

Chairperson of the General Council of the Bar (GCB), Craig Watt-Pringle confirmed the investigation of professional misconduct. 

“I understood that a complaint had been made to the Johannesburg Bar Council concerning Mr Mpofu’s conduct in the State Capture Inquiry which was referred to by Deputy Chief Justice Zondo in his briefing yesterday,” said Watt-Pringle on Friday.

“As far as the process is concerned, the Professional Committee which is a subcommittee of the Bar Council investigates the compliant as far as they give Mr Mpofu an opportunity to state his side of the case and they decide whether it should go to a hearing or whether the facts are common cause and they can make a finding,” Watt-Pringle explained.  

“Ultimately, if there’s a negative finding against him then that goes to the Bar Council which confirms or doesn’t confirm the conviction, so to speak, and decides on a sanction if it’s a finding of guilt.” 

ALSO READ:

Watt-Pringle added Mpofu’s conduct was frowned upon.  

“That kind of conduct is unprecedented. Of course, one can become passionate about a matter, but we are professionals,” he said. 

“The State Capture Commission is not only the most high-profile commission since Marikana; it is also televised and we are dealing here with a very senior end of the legal fraternity.” 

If he’s found guilty of misconduct, Mpofu could face a variety of misconduct sanctions.  

“The Johannesburg Bar Council can go as far as suspending a member from practise for a period or they can admonish the member but in an extreme case the decision can be the striking off of a member,” said Watt-Pringle.

“The striking off matter usually arises in cases of dishonesty by the member. In other words, cases that render you not to be a fit and proper to be an advocate. Misconduct of this nature would not ordinarily attract that kind of sanction,” he added.