PABASA's stern warning to Labour Practice Council: Protecting the integrity of the legal profession
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The Pan-African Bar Association of South Africa (PABASA) issued a stern warning to the Legal Practice Council (LPC), cautioning the regulatory body to resist attempts to weaponise disciplinary proceedings for narrow personal or political agendas.
In a detailed letter dated April 17, addressed to LPC Chair Advocate Pule Seleka, PABASA’s National Executive Committee (NEC) expressed deep concern over what it described as “spurious charges” aimed at intimidating Mpofu SC and potentially tarnishing his reputation unjustly.
“We find this conduct disturbing. The NEC of PABASA has discussed the charges against Mpofu SC and also requested him to give us his confidence about them, which he has done," it said.
“We reiterate that the LPC is the appropriate regulatory body empowered to ensure legal practitioners comply with the Code of Conduct. Our concern is that these charges, which appear to be frivolous, are being used to intimidate and discredit a senior advocate exercising his professional duties.”
The charges levied against Mpofu include allegations of misconduct ranging from making threatening remarks during a Section 194 inquiry into the former Public Protector Busisiwe Mkhwebane’s fitness to hold office to impugning the character of constitutional figures and engaging in unprofessional conduct during high-profile interviews and court proceedings.
“Charging any person can potentially destroy people’s lives and careers. We caution against this hatred towards people, regardless of who they are and their views. We would defend any legal practitioner against frivolous charges designed to intimidate them from doing their jobs or representing their clients.”
The association called on the LPC to exercise its discretion carefully, noting that the charges seem to misinterpret and abuse the provisions of the Code of Conduct.
It further warned that such actions risk creating a dangerous precedent where the legal profession could be targeted for political or personal motives rather than legitimate disciplinary reasons.
Reflecting on the specific charges, PABASA underscores their perceived absurdity and lack of basis.
For instance, the charge alleging that Mpofu’s statement about sharing “nights together” with the Chief Justice was sexual innuendo is labeled as “an embarrassment to the LPC and the entire legal fraternity”.
“What in the statement connotes any sexual act? Would it have made any difference if Mpofu SC had said they spent ‘their days together’ as students? Such accusations are inappropriate and constitute a regrettable insult to our Chief Justice and Mpofu SC.”
The letter concluded with a plea for the LPC to reconsider its approach, emphasising the importance of maintaining the integrity of the legal profession and the independence of its regulatory bodies.
“It would be regrettable if such a regulatory body is turned into a tool for persecution. We urge the LPC to rethink its position about these charges and to uphold the principles of justice and fairness that underpin our constitutional order.”
As the controversy unfolds, the legal community watches closely, mindful of the broader implications for professional integrity and the rule of law in South Africa.
thabo.makwakwa@inl.co.za
IOL Politics
