Mpofu's 'reputation in tatters'

'Sighs, soapbox oratory, political posturing' have no place here, says judge.

- Faizel Patel

Advocate Dali Mpofu's reputation took a massive knock for pursuing an appeal on behalf of former public protector Busisiwe Mkhwebane, say legal experts.

Supreme Court of Appeal (SCA) Judge Nathan Ponnan this week slammed Mpofu for pursuing an appeal on a recusal matter, labelling it "dead on arrival".

Ponnan did not hold back when criticising Mpofu on his often abrasive and protracted arguments.

"Exasperated sighs, soapbox oratory, empty rhetoric, political posturing, theatrical gestures and long-winded dismissive non-sequiturs have no place in a courtroom, particularly in response to searching questions from the bench," Ponnan said.

"To understand the decision-making process, those who practice in this court are expected to have more than just a nodding acquaintance with the relevant rules, as also the established jurisprudence of this court.

"Developed skills in legal research, analysis and writing are an indispensable part of an appellate practitioner's toolkit."

The judge also criticised Mpofu for not objectively assessing Mkhwebane's reasons for wanting to appeal the ruling.

"Unless the matter is approached from a detached perspective, a legal representative may well develop tunnel vision."

Speaking to The Citizen, legal analyst Prof Pierre de Vos said Ponnan's comments about Mpofu seem accurate, but circumspect.