Advocate Dali Mpofu SC turns to court to have disciplinary charges against him overturned.
Image: IOL/Independent Newspapers
ADVOCATE Dali Mpofu has taken his fight with the Legal Practice Council (LPC) to the Gauteng High Court, Pretoria, saying there was evidence of a well-coordinated and concerted racist or right-wing campaign to tarnish his name and professional standing.
In his court papers, Mpofu states that the four professional misconduct charges against him by the LPC were baseless, frivolous, and part of a racist or right-wing campaign.
While the LPC has not yet filed its opposing papers, its spokesperson Kabelo Letebele said they were in the process of preparing and filing a response in opposition to Mpofu’s application.
“The LPC, through its executive committee, considered the application and resolved to oppose it,” he said.
Mpofu’s disciplinary hearing started with seven charges, of which three were withdrawn.
The four remaining charges are contained in an amended charge sheet. It is alleged that he brought the legal profession into disrepute through his public statements and courtroom behaviour. It is also alleged that his conduct on occasion in court was disruptive and disrespectful.
Another charge accuses him of impugning the character of senior figures, including former public protector Thuli Madonsela, during the parliamentary impeachment inquiry into Busisiwe Mkhwebane, Madonsela’s successor.
The South African Constitution (CASAC) had lodged the complaint against Mpofu, accusing him of professional misconduct.
Mpofu said in an affidavit that in 2021, he was “mischievously” accused by certain quarters of having crossed the professional line in the proceedings before the Zondo Commission. The matter was elevated into charges before the LPC, where he was found not guilty.
In the wake of this, a former chairperson of the General Council articulated certain false, malicious, and gratuitous insults against him during an interview, Mpofu stated.
As a result, he said, he lodged a complaint against the former chairperson.
Mpofu said there has since been a “crusade and vendetta to vilify, crucify, and "demoralise” him, leading to the misconduct charges.
While he did not know who all the complainants are behind the disciplinary hearing he is now facing, Mpofu said he does know that CASAC, which he calls a right-wing organisation, is the main complainant.
He said CASAC has “habitually” litigated in a “partisan” way against some of his clients, such as former president Jacob Zuma and Mkhwebane.
“This organisation is known for its anti-Mpofu bias,” he said, claiming that this led to the “baseless” charges against him.
Mpofu maintained that the charges against him are legally unsustainable because they rely on rules of the code of conduct, which only came into force in December 2023.
Cape Times