Pretoria Society of Advocates
7 FEBRUARY 2022
TO: THE CHAIRPERSON
GENERAL COUNCIL OF THE BAR ADVOCATE CRAIG WATT-PRINGLE SC
Dear Sir,
IN RE: THE JUDICIAL SERVICE COMMISSION: REPRESENTATION OF THE GCB:
1. You have no doubt taken note of the public uproar in regard to the manner in which the interviews of nominees for the position of Chief Justice were conducted by the Judicial Service Commission (“JSC”). In this regard I can refer you inter alia to the following articles:-
1.1. News 24, Adriaan Basson / Dali Mpofu – A legal nincompoop and scoundrel / News 24;
1.2. Daily Maverick, Malema and Mpofu lead EFF’s assault on SA judiciary (Stephen Grootes); and,
1.3. Daily Maverick, JSC interviews for next Chief Justice were farcical thanks to Mpofu and Malema (Rebecca Davis)
2. To say that the process followed and the treatment of certain nominees, including Acting Chief Justice 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.
3. While the conduct of a number of the commissioners is subject to severe criticism and censure, we are particularly perturbed by the behaviour of Mpofu SC whose performance was unacceptable. It began with an attempt at levity in the interview of Supreme Court of Appeal President Maya which was sexist, condescending and has been described in the press as “puerile” and “a male commissioner’s lewd double entendre” (Rebecca Davis). The discomfort and embarrassment caused was obvious.
4. Thereafter, Mpofu SC in the interview of Judge President Mlambo descended into a character assassination where the Judge President was without prior warning confronted with the allegation of a rumour that he was guilty of the sexual harassment of female aspiring acting judges. This rumour was raised and questioning persisted with without an iota of evidence or detail being presented. It was scandalous and was eventually and appropriately ruled out of order and struck from the record.
5. In terms of a convention Advocates for Transformation “AFT” is afforded the privilege of nominating a person to fill one of the two positions open to the advocates’ profession on the JSC. This person is however nominated from the body of members of the GCB and remains a representative of the GCB.
6. The actions of Mpofu SC have brought the GCB and the profession in general into disrepute. He certainly does not speak for the majority of the profession. The political activities and allegiances of Mpofu SC are well known. As a commissioner representing the GCB in particular and the profession in general, his duty is not to promote his political views, but rather the interests of the profession and to do so in a respectful, dignified, objective and professional manner. In this Mpofu SC has fallen short.
7. The Pretoria Society of Advocates is a constituent bar of the GCB and as such calls upon the GCB to do whatever is necessary to recall Mpofu SC as a commissioner serving on the JSC. In addition, we call on the GCB to issue a statement deprecating the manner in which the interviews were conducted and disassociating the GCB from the actions and statements of Mpofu SC.
Yours faithfully,
Advocate D.M. Leathern SC Chairperson
Pretoria Society of Advocates
