WATCH | ‘You will pay one day’ — Mpofu threatens Mkhwebane’s impeachment inquiry chairperson

14 September 2022 - 08:56
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Advocate Dali Mpofu threatened committee chairperson Qubudile Dyantyi. File photo.
Advocate Dali Mpofu threatened committee chairperson Qubudile Dyantyi. File photo.
Image: Gallo Images

Suspended public protector Busisiwe Mkhwebane’s impeachment inquiry quickly turned into a war of words when her legal representative, advocate Dali Mpofu, threatened committee chairperson Qubudile Dyantyi.

During a heated exchange Mpofu told Dyantyi he would regret his conduct towards him after he refused to postpone this week’s hearings. 

According to Mpofu, Mkhwebane was not fit to appear at the hearing because she was sick and had gone to her doctor.

When the request was denied, Mpofu lost his cool.

“The only reason I’m tolerating what you’re doing to me is for the interest of the client, otherwise you’re not entitled to abuse me like you’re abusing me.

“I’m senior to you in many ways, not just in age, and you know it. You have no right to abuse me, but it’s fine. You’ve got the power now, you can exercise it, but you will pay one day,” said Mpofu.

A smiling Dyantyi asked: “Are you threatening me?”

“Yeah, actually it’s not a threat. As I said, it’s a promise,” Mpofu responded. 

The back-and-forth between the two escalated to another level, when Dyantyi said he would not entertain Mpofu’s response.

Taking to social media, Mpofu said: “In more than 35 years in the legal profession, I have never heard of even the most hardened criminal being tried in his or her absence after producing a genuine reason and medical certificate. I suppose there’s always a first time. Cry the beloved country.”

Parliament later said the committee had accepted Mpofu's postponement request and confirmed that some members had called for an investigation into Mpofu's conduct.

"Some members of the committee requested that an investigation in terms of the Powers and Privileges Act should be considered with regarding the perceived threat, arguing that no member of parliament may be threatened while conducting their duties.

"Committee members said there is no need for intimidation or insults; the work of the committee must continue without fear or favour."

Public Interest SA said it was "deeply troubled" at the "shameful and intolerable" incident.

"Advocate Dali Mpofu’s unprofessional and downright disrespectful conduct, particularly his threat to 'deal' with the chairperson of the Committee, Mr Richard Dyantyi, is an attack on the people of South Africa. Such primal behaviour doesn’t belong in constitutional forums designed to advance our democracy.

"We pray that this is not a harbinger of future theatrical, debasing performances by a lawyer in the hallowed halls of one of the key edifices of our constitutional arrangement."

It called on national assembly speaker Ms Nosiviwe Mapisa-Nqakula to "do everything within her remit to ensure that this matter is escalated to relevant statutory bodies and that concomitant action be taken against Mr Mpofu".

"It would be an absurdity and a travesty of justice were the seemingly jaundiced eye Legal Practice Council to turn yet another blind eye on this patently unprofessional conduct by Mr Mpofu. Mr Mpofu poses an existential threat to not only the legal profession but to the edifices of our democracy too," it added.

This is not the first time Mpofu has had a public squabble with the chair of Mkhwebane’s impeachment inquiry.

In August, Mpofu told parliament he would apply for Dyantyi's recusal after another rescission application by Mkhwebane was dismissed by the Constitutional Court.

In July, Dyantyi was accused of running the process unfairly after he refused to grant Mpofu more time to cross-examine a witness in the case.

Several MPs said Dyantyi conducted himself in a biased manner throughout the process and accused him of having a predetermined outcome.

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