Dali Mpofu
By Thabo Mosia
A power outage at the Legal Practice Council’s (LPC) Gauteng office has delayed the disciplinary hearing of Senior Counsel Advocate Dali Mpofu, who was set to face seven charges of misconduct. Mpofu, a prominent figure in South Africa’s legal and political spheres, slammed the charges as “nonsensical” and accused the LPC of targeting him for political reasons, igniting a heated debate about transformation, race, and professionalism in the country’s legal system.
A Disrupted Hearing Amid Controversy
The LPC disciplinary hearing, scheduled for Wednesday, 30 April 2025, was postponed indefinitely due to a power outage that left the council’s Pretoria office in darkness. The outage, affecting the entire block since 25 April, was compounded by last-minute amendments to Mpofu’s charge sheet, further delaying proceedings. Daniel Mpanza, chair of the disciplinary committee, expressed hope that the matter would resume “sooner rather than later” but confirmed no new date has been set.
Mpofu, joined by supporters including former Public Protector Busisiwe Mkhwebane and members of the uMkhonto weSizwe (MK) Party, dismissed the charges as “frivolous, laughable, and embarrassing.” In an interview, he argued that the LPC’s pursuit reflects a broader pattern of “political persecution” targeting lawyers who challenge systemic injustices. “This is not new. Lawyers who represent human rights cases or fight injustice get targeted,” Mpofu said, citing historical examples like Duma Nokwe and Bram Fischer, who faced harassment for their activism.
The charges, six of which were lodged by the Council for the Advancement of the South African Constitution (CASAC), stem from Mpofu’s conduct in various high-profile settings, including the 2022 Judicial Service Commission (JSC) interviews and the parliamentary impeachment inquiry into Mkhwebane’s fitness to hold office. The allegations include bringing the legal profession into disrepute, impugning the character of witnesses, and failing in his duty to the court.
Dropped Charges and Remaining Allegations
Three of the seven charges were withdrawn on 30 April, including those related to Mpofu’s interactions with former Public Protector Thuli Madonsela and Chief Justice Mandisa Maya. The Madonsela charges accused Mpofu of attempting to discredit her during Mkhwebane’s impeachment inquiry, while the Maya charge stemmed from a 2022 JSC interview comment that he and Maya had “spent our nights together,” which Mpofu clarified referred to studying together. Both Maya and Madonsela informed the LPC they did not wish to proceed, with Maya citing personal reasons.
The remaining four charges focus on:
- Threatening Remarks: Mpofu allegedly told Qubudile Dyantyi, chair of Mkhwebane’s impeachment inquiry, “Mr Dyantyi, you’re going to regret this, I am telling you now. Your day will come,” which the LPC deemed intimidatory.
- Cross-Examination of Johann van Loggerenberg: During the same inquiry, Mpofu questioned the former SARS official about his mental health, allegedly insinuating he was not of sound mind.
- Questioning Gauteng Judge President Dunstan Mlambo: In the 2022 JSC interviews, Mpofu raised unverified rumours of Mlambo sexually harassing aspiring judges, which the LPC called “character assassination.”
- Letter to Judges in Old Mutual Case: Mpofu is accused of causing a letter to be sent to three judges in a 2021 case involving former Old Mutual CEO Peter Moyo, which reprimanded the bench for requesting clarification.
Mpofu rejected these allegations, arguing that cross-examining witnesses is a core part of legal practice. “How do you charge someone for trying to discredit a witness? That’s the purpose of cross-examination,” he said, calling the charges a “witch hunt” driven by political motives.
A Crisis in the Legal Profession?
Mpofu’s case has spotlighted broader concerns about the integrity of South Africa’s legal profession. The LPC receives approximately 1,000 complaints monthly, totaling over 14,000 annually in the past two years. Mpofu highlighted a staggering statistic: R1.4 billion in embezzled funds within the legal sector, suggesting that the LPC’s focus on his case distracts from more pressing issues like theft and fraud. “People say, ‘If there’s such a big crisis of actual theft and embezzlement, why are these people pursuing me for such nonsensical issues?’” he noted.
The high volume of complaints points to systemic challenges, including trust account mismanagement and unethical conduct. In 2024, the LPC reported suspending 87 attorneys and investigating 230 trust account-related cases, underscoring the scale of the problem. Mpofu, a former chair of the Johannesburg Bar Council, expressed concern about these figures, emphasizing the need for reforms to restore public confidence in the profession.
Allegations of Political Persecution
Mpofu’s outspoken criticism of the LPC has fueled a polarizing debate. He accused the council of being influenced by “racists and former SADF soldiers,” claiming that the same forces he opposed during apartheid are now targeting him in “suits instead of helmets.” He alleged that a former judge explicitly called for him to be “targeted” at a judicial conference, a claim he says underpins the LPC’s actions. “This is not a figment of my imagination,” Mpofu said, vowing to expose the council’s “political motives.”
The Pan African Bar Association of South Africa (PABASA) has rallied behind Mpofu, accusing the LPC of orchestrating a “targeted lynching” to intimidate black advocates. In a 20-page letter to LPC chairperson Pule Seleka, PABASA called the charges “spurious” and warned against the council being used as a “tool for persecution.” The MK Party, which Mpofu joined in 2024, also condemned the LPC’s actions as “political persecution masked as professional oversight.”
However, the LPC has denied any vendetta, with Seleka asserting that the council operates independently and will not be swayed by “threats, friends in high places, or factional pressure.” Public Interest South Africa criticized PABASA’s letter as an “affront to the rule of law,” highlighting tensions within the legal fraternity.
Mpofu’s Legal Fightback
Mpofu is not backing down. He plans to challenge the LPC’s decision to charge him by seeking a judicial review, arguing that the charges are baseless and politically motivated. “I’m definitely going to fight this to the bitter end. These people are going to regret having started this because they’ve started it with the wrong one,” he said. He also intends to sue the LPC for defamation, particularly over allegations of sexism, which he called “nonsensical.” Mpofu suggested that any damages awarded would be donated to charity organizations.
His legal team is expected to argue that the charges infringe on his constitutional right to represent clients zealously, a principle rooted in South Africa’s Bill of Rights. The withdrawal of three charges, Mpofu contends, proves their lack of merit. “They’ve had to drop three of the charges today as you know,” he said, accusing the LPC of “padding” the charge sheet to make the case appear more substantial.
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