- Advocate Dali Mpofu currently sees no need for him to not be part of the Judicial Service Commission process carried out by Acting Chief Justice Raymond Zondo
- Mpofu says he is not conflicted in any way and has been in constant communication with Zondo in his capacity as the JSC spokesperson
- Some South Africans have stated that they feel Mpofu should not part of the interview panel and should recuse himself
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JOHANNESBURG - Advocate Dali Mpofu, who has been appointed as one of the commissioners of the Judicial Service Commission (JSC), has hit back at critics who believe Mpofu should not be on the panel when Deputy Chief Justice Raymond Zondo is interviewed.
On Tuesday, Freedom Under Law stated that Mpofu as well as Economic Freedom Fighters leader Julius Malema should be removed as commissioners.
Mpofu and Malema should not be on JSC says Freedom under Law, questions EFF's place in judicial appointments
In response to the civil society group, Mpofu stated that he did not want to comment on the matter but said that organisations that have a problem with his appointment should formally lay a complaint against him.
Mpofu said, speaking on behalf of the JSC, anyone who has a problem with a commissioner should either lay a complaint with the courts or President Cyril Ramaphosa since commissioners are appointed by the president, according to The Citizen.
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“The only powers that be that I can think of are the courts or the president because we are all here appointed by the president,” Mpofu said.
In response to the alleged bias Mpofu may have towards Zondo over professional misconduct during the State Capture Commission of Inquiry, Mpofu stated that he has no apprehension. He noted that he frequently communicates with Zondo because he is the acting Chief Justice in his capacity as the JSC spokesperson.
According to News24, in March 2021, Mpofu acted unprofessionally when he told the Minister of Public Enterprises Parvin Gordhan and his lawyer Michelle le Roux to shut up.
A Legal Practice Council committee lambasted Mpofu for his actions and stated that he needed to be charged with professional misconduct. The committee was also aggrieved by Mpofu's treatment of Zondo.
Mpofu also laid a misconduct complaint against Le Roux for being racist against him, however, those charges were dismissed in December 2021.
South Africans share their thoughts on Mpofu's JSC appointment
Heading online, South Africans seem to have opposing views about Mpofu being a JSC commissioner. Some people that he should not have to step down.
Others stated that the right thing for Mpofu to do would be to excuse himself and some shared their thoughts on Zondo's character.
Here are some comments:
"But the shut up was not against Zondo mos."
"Zondo as well has been compromised and conflicted during the state capture commission….Mpofu and Malema are not going anywhere…nxa"
"If Mpofu had any integrity he would recuse himself from the interview of Zondo."
"But Mpofu yesterday at the court said why Adv Billi Downer was allowed to make an affidavit whilst still under investigation. This is Mzansi for you, if it benefits you it does not work but to others, it applies."
Mpofu and Malema should not be on JSC, says Freedom Under Law
Briefly News previously reported that Freedom under Law, a civic organisation that champions the correct application of the rule of law, expressed that they believe it's inappropriate for EFF leader Julius Malema and Advocate Dali Mpofu to be involved in interviewing candidates for judicial appointment as part of the Judicial Service Commission (JSC)'s panel.
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The JSC are in the process of conducting interviews with candidates for the judiciary. These candidates include Acting Chief Justice Raymond Zondo, Mbuyiseli Madlanga from the Constitutional Court, Dunstan Mlambo and Supreme Court of Appeal president Mandisa Maya.
Freedom under Law justified their claims against Malema and Mpofu by citing their misconduct allegations and alleged unethical behaviour, TimesLIVE reports. Due to these accusations, the organisation do not think they should be put in a position to judge the suitability of judicial candidates for appointment.
Source: Briefly News