Criticism has continued to mount against the conduct of the Judicial Service Commission in the wake of the often shambolic interview process for the vital position of chief justice.
While much of that criticism has been levelled at EFF leader Julius Malema, the bulk of the complaints have fallen at the door of Adv Dali Mpofu SC. In the case of the latter, calls have been made for him to be removed from the JSC due to his conduct, which one group said was unbecoming of a legal professional.
Mpofu has been taken to task publicly for the questions asked of candidates nominated for the chief justice position last week. Particular reference has been made to a question he asked Gauteng judge president Dunstan Mlambo about “rumours” of sexual harassment. The questions were eventually disallowed and ruled as expunged from the record by JSC chair and Supreme Court of Appeal deputy president Xola Petse.
Mpofu’s questions to Supreme Court of Appeal (SCA) president Mandisa Maya — who was ultimately recommended to president Cyril Ramaphosa to be appointed as chief justice — were found to be sexist.
Mpofu also joked that he had spent a night with Maya, later clarifying it was an all-night study session.
In the wake of the interviews, the Pretoria Society of Advocates wrote to the General Council of the Bar (GCB) calling for Mpofu’s removal from the JSC.
“To say that the process followed and the treatment of certain nominees, including acting chief justice [Raymond] Zondo and judge president Mlambo, was unfortunate would be an extreme understatement. It was shameful and has certainly done nothing to improve the reputation of the judiciary or the profession,” the society said in a statement.
The GCB has been requested by a number of constituent bars and individual members to seek the replacement of Mpofu SC on the JSC and is in discussions with AFT [Advocates for Transformation] to that end.
— General Council of the Bar
The society said it was particularly perturbed by Mpofu’s behaviour and “unacceptable” performance during the interviews. It accused Mpofu of descending “into a character assassination” over the sexual misconduct rumour.
In a separate statement, issued on the same day, the GCB expressed disapproval at the way some of the candidates were treated by a number of the commissioners, in particular, Mpofu’s conduct.
It said Mpofu’s and Malema’s line of questioning created an impression that they were using the JSC as a platform for some political end.
“The GCB has been requested by a number of constituent bars and individual members to seek the replacement of Mpofu SC on the JSC and is in discussions with AFT [Advocates for Transformation] to that end,” the organisation said.
Mpofu, of course, is no stranger to controversy. In fact, he is facing pending disciplinary charges over his conduct at the state capture commission — where he told a colleague and her client to shut up — which the GCB said should have disqualified him from representing the advocates’ profession on the JSC.
Mpofu has hit back at insults over the JSC interviews, saying they are unwelcome. Speaking on Radio 702, he said constructive criticism was welcome but insults are not — and, he said, some have “gone beyond and have been hurling insults”.
Mpofu denied that as an advocate and former EFF chairperson, he had an agenda to torpedo the campaigns of the other judges and protected Maya.
While there might be toing-and-froing, defence and attack, the fact is that Mpofu’s conduct is worthy of a probe that goes beyond media and social media commentary.
His conduct should be thoroughly investigated for bringing the legal fraternity into disrepute. This investigation should take into account his prior allegedly uncouth conduct. If it’s found that he’s not fit and proper, he should be removed as the person representing the GCB on the JSC.
If South Africans are going to regain the lost trust in the legal profession specifically and in legal processes more generally, handling this matter thoroughly is essential.
