Advocate Dali Mpofu SC and former Public Protector Advocate Busisiwe Mkhwebane could be struck off the roll and lose their status as legal practitioners.
Sunday World can exclusively reveal that the Legal Practice Council (LPC), which regulates the legal profession, is probing the separate formal complaints it received from different parties about Mpofu and Mkhwebane’s alleged misconduct.
The complainants have also asked the LPC to investigate Mpofu and Mkhwebane’s fitness to continue practising law.
If it is found that the two have a case to answer, the LPC will refer the matter to its disciplinary committee. If they are found guilty, then the LPC will apply to the court to disbar them.
Sunday World understands that the LPC received the complaints about Mkhwebane before her impeachment in parliament as the country’s public protector. But the details of the complaints against her and those of the complainants were still sketchy at the time of going to print yesterday.
However, we discovered that one of the reasons for the call to strike Mpofu off the roll was the alleged threat he made to Qubudile Dyantyi, the chairperson of the Mkhwebane inquiry committee.
Mpofu was Mkhwebane’s representative during the parliamentary hearings, when she was impeached after being found to be unfit to hold the public protector’s office.
During her tenure as public protector, Mkhwebane conducted a number of investigations into, among others, President Cyril Ramaphosa and the powerful Public Enterprises Minister Pravin Gordhan, but she had many of her adverse findings overturned by the courts, which triggered the impeachment proceedings against her.
LPC spokesperson Kabelo Letebele confirmed the preliminary probe into Mpofu and Mkhwebane, saying, “the matters were being considered by our independent investigation committee”.
Letebele said their procedure dictates that upon receipt of a complaint, the relevant provincial office would consider the substance and, where necessary, gather certain additional information and particulars that may be required to establish whether grounds exist under the rules for referring the complaint to an investigating committee.
“The provincial councils appoint independent investigating committees and disciplinary committees, which consist of practising legal practitioners who do not serve on the national or provincial councils.”
He said the investigating committee, if satisfied on the basis of available prima facie evidence that the legal practitioner was guilty of misconduct, would refer the complaint to a disciplinary committee.
Letebele would not reveal details of the complainants against Mpofu and Mkhwebane, only saying that the council could “commence an investigation as a result of a formal complaint lodged; it can also commence an investigation as a result of what we see in the public domain”.
He said the complainants’ details were not for the public record, however, if a disciplinary matter required a court application in instances where they needed to apply for a suspension or strike, their information would become public.
Letebele disagreed when asked if any action against Busisiwe Mkhwebane would not violate the legal principle of double jeopardy, which prohibits punishing an individual twice for the same offence following her parliamentary impeachment as protector.
“Our processes only apply to determining whether or not a legal practitioner is fit and proper to be in the profession, as well as whether or not a legal practitioner has contravened any rules, regulations, and/or code of conduct of the Legal Practice Act,” he said.
He further stated that when a matter is initiated, the LPC allows a practitioner to respond.
Sunday World understands that the LPC was expected to serve both Mpofu and Mkhwebane with documents relating to the complaints on April 12.
The council then postponed the date to April 15 but has still failed to do so.
Mpofu and Mkhwebane declined to comment.
