MK Party responds to charges against Mpofu and Mkhwebane

The uMkhonto weSizwe Party (MKP) has broken its silence on the charges brought by the Legal Practice Council (LPC) against its members, Advocate Dali Mpofu and Advocate Busisiwe Mkhwebane. 

In a statement, the party condemned the LPC's actions as "political persecution masked as professional oversight."

Mpofu is facing seven charges of alleged misconduct, six of which were lodged by the Centre for the Advancement of the South African Constitution (CASAC).

These charges relate to Mpofu's conduct during Parliament's inquiry into Mkhwebane's fitness to hold office, including his cross-examination of former Public Protector Thuli Madonsela. 

Mkhwebane is facing a court application to have her removed from the roll of advocates. 

Although the LPC could not divulge further on the matter involving Mpofu, the council said that on 1 March 2025, the council resolved that a court application be instituted for the striking off of Mkhwebane’s name from the roll of advocates. 

“The LPC has referred the matter to its attorneys to assist in the institution of the striking off application. When a complaint is received, a Legal Officer opens and conducts an initial investigation into the complaint. The complaint goes to an Investigation Committee (“the IC”) for consideration and recommendation,” the council said.

MKP spokesperson Nhlamulo Ndhlela said: “The party notes, with indignation, recent media reports alleging that Advocate Dali Mpofu SC and Advocate Busisiwe Mkhwebane face the wrath of the Legal Practice Council (“LPC”), for supposedly bringing the legal profession into disrepute…We reject these insinuations with the disdain they deserve.

“This is nothing but a textbook case of political persecution masked as professional oversight…The legal establishment and its captured regulatory bodies have declared open season on advocates who refuse to bow to the altar of white monopoly capital, neoliberal consensus, and constitutional cowardice,” Ndhlela wrote in a statement.

Ndhlela described it as a political witch-hunt.

The party further set out a list of demands for the LPC.

“The LPC must immediately cease its politically motivated persecution of Advocates Mpofu and Mkhwebane. All democratic forces must stand in defense of legal professionals who serve the interests of justice, not power…and Parliament and progressive legal structures must inquire into the politicisation of legal regulatory bodies, which have remained silent on judicial bias but swiftly reprimand Black lawyers who challenge the status quo,” Ndhlela said.

Both Mpofu and Mkhwebane have pushed back against the LPC's charges, characterising them as politically motivated attacks on their integrity. 

Mpofu dismissed the charges as "frivolous, laughable, and embarrassing," saying they are a clear example of a witch-hunt.

He highlighted that his principled representation of clients deemed "untouchable" by the mainstream was rooted in the constitutional right to legal representation. 

"It’s clearly some kind of witch-hunt, which we will deal with. It is to be expected for someone who fights for justice. If you see the charges, they are quite embarrassing. 

“Embarrassing to think that they were drafted by people who are legally trained. I mean, how do you charge someone for cross-examination of Thuli Madonsela and trying to discredit the witness, that’s the purpose of cross-examination,” Mpofu said.

Mkhwebane emphasised that her qualifications and experience remain intact, regardless of the LPC's actions.

Mkhwebane believes the LPC's action is politically motivated, stemming from her previous work as Public Protector, including investigations into the Phala Phala scandal and the so-called rogue unit. 

"I think it's political more than anything, and I think as well the persecution still continues," Mkhwebane said.

She emphasised that she is not actively practicing as an advocate and questioned the legal basis behind the LPC's action.

Political analyst Dr John Molepo said the issues lied with the legal fraternity on whether the two would be charged. 

“The matter can play out anyway. The legal fraternity will decide the matter. However, neither will take it lying down. Mkhwebane has already  hinted that she will fight it so it all depends on the legal fraternity," he said.  

mashudu.sadike@inl.co.za