By Lehlohonolo Lehana.
The Legal Practice Council (LPC) chairperson advocate Pule Seleka has dismissed Pan African Bar Association of South Africa (Pabasa) efforts to persuade him to “rethink” the misconduct charges against Advocate Dali Mpofu.
A few days ago, Pabasa wrote a letter to Seleka, stating that it was concerned about the charges “aimed at intimidating and potentially tarnishing Mpofu’s reputation”.
Mpofu is facing seven charges of breaching the code of conduct for legal practitioners — including bringing the profession into disrepute, impugning people’s characters and failing in his duty to the court.
LPC is the statutory body which, together with its provincial councils, regulates the affairs of and exercises jurisdiction over all legal practitioners (attorneys and advocates), both practising and non-practising, and candidate legal practitioners.
Seleka clarified the LPC’s position, stating, “The National Council’s Executive Committee has considered the contents of PABASA’s letter and, at the outset, we wish to clarify that we consider it inappropriate for any professional body to seek to intervene in a pending disciplinary matter in the manner suggested in the letter.
“To do so would be deviating from the LPC processes and procedures, which are predicated on due process and designed to ensure that the LPC acts without fear, favor, or prejudice.
“Your letter also appears to be predicated on a misunderstanding of the functioning of the LPC’s disciplinary processes in general and the role of the National Council in particular.”
He further addressed perceptions that the LPC is being used as a political tool.
“Before dealing further with that aspect, we presume that it is not your expectation for us to respond to the NEC’s perceptions that the LPC is being used as a tool to target black practitioners and marginalise PABASA. That perception is wholly incorrect.
“What we substantively perceive to be relevant from your letter, for my immediate response, is what we discern to be an implied understanding on your part that the charges initiated against Mpofu were instituted by the National Council of the LPC and that, as the chairperson of the National Council, I might be able to intervene and prevail over the Council to reconsider its position. That understanding, too, is not correct.”
Another law profession’s body, Public Interest South Africa, criticised Pabasa for attacking the LPC on the Mpofu matter.
Public Interest SA chair Tebogo Khaas said: “We note with utter dismay the letter circulating via social media and purportedly addressed by Pabasa to the chair of the LPC.”
“This letter, ostensibly penned in defence of advocate Dali Mpofu, constitutes an alarming and deeply irresponsible affront to the rule of law, the independence of regulatory institutions and the integrity of South Africa’s legal profession,” said Khaas.
Mpofu has a background in law and has worked on various legal matters, including human rights cases, constitutional law, and civil litigation.