Advocate Dali Mpofu was found guilty of telling public enterprises minister Pravin Gordhan's legal counsel, advocate Michelle le Roux, to “shut up” at the state capture inquiry. File photo.
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Advocate Dali Mpofu has left tongues wagging with a cryptic social media post about “a two-way tussle” after a finding of professional misconduct against him.

Mpofu was found guilty of breaching rule 4.12 of the General Council of the Bar’s Uniform Rules of Ethics this week for telling public enterprises minister Pravin Gordhan’s legal counsel, advocate Michelle le Roux, to “shut up” during proceedings at the state capture inquiry.

He has five days to address the Johannesburg Society of Advocates on what type of disciplinary action should be taken against him.

“Whatever may be the ill feeling existing between clients, it should not be allowed to influence counsel in their conduct and demeanour towards each other. All personalities between counsel should be scrupulously avoided,” read the rules of ethics

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Speaking to Business Day, Mpofu said the ruling was “ridiculous”.

“I think it’s ridiculous and I’m going to appeal,” he said. 

Taking to Twitter, Mpofu said “a fight is a two-way tussle”.

“We are fighters exactly because we are fighting against the existing economic, social and political system. It is naive to expect the architects, beneficiaries and house Negroes of the white system not to fight back: A fight is a two-way tussle,” he wrote.

The incident took place in March last year when Mpofu objected to Le Roux’s re-examination of Gordhan.

Mpofu was representing former SA Revenue Service commissioner Tom Moyane, who Gordhan implicated in his testimony to the commission in 2018.

Le Roux interrupted Mpofu’s objection to ask if she could explain her question. Chairperson Raymond Zondo agreed.

Mpofu told Zondo he still “had the floor” and said Le Roux must “shut up”.

“Chair, I’m on the floor. Really, I can’t stand this. This cannot be happening for the third time. Miss Le Roux must shut up when I am speaking. You too, Mr Gordhan,” Mpofu said.

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Minister of public enterprises Pravin Gordhan’s cross-examination in the state capture inquiry continued on March 23 2021.
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