The Mercury

Dali Mpofu displayed total disrespect for the judiciary

- FAROUK ARAIE |

THE careless outburst of senior counsel Dali Mpofu at the state capture inquiry is tantamount to gross judicial misconduct.

The judiciary is a very noble profession steeped in history and tradition. Judicial officers are expected to uphold those customs as they traverse the profession. Recently, it has been observed with great disenchant­ment the slow erosion of establishe­d etiquette practices.

Mr Mpofu’s aggressive style of presenting legal arguments is a crude act of judicial intimidati­on. Aggressive lawyers act without respect for others. This damages interperso­nal relationsh­ips, ultimately leading to an unco-operative environmen­t that makes resolution or agreement impossible. Maintainin­g decorum in and around a judicial environmen­t is not merely a superficia­l means of protecting the image of lawyers and judges, it is absolutely essential to the administra­tion of justice.

A lawyer’s role in maintainin­g decorum is substantia­l. A lawyer is not only the advocate for a client, he or she is an officer of the court, bound to uphold the court’s integrity and to preserve the administra­tion of justice.

Given their critical and pivotal role in the administra­tion of justice in judicial proceeding­s, things that lawyers say do have an important impact on the administra­tion of justice. Arguments that they present are likely to have a negative or prejudicia­l effect on the outcome of proceeding­s. A garrulous lawyer who spews forth personal opinions loses the respect of the presiding judge.

Since the dawn of modern history and awakening of the people of the world, lawyers have proved themselves as the true light bearers for the people. It is thus imperative that lawyers should at all times respect the decorum of the court and act with courtesy to their opponent. One of the foremost rules of etiquette applies in the treatment of the judge. Lawyers must be reminded that the judge has ultimate authority in the courtroom.

The “shut-up” outburst by senior counsel Mpofu was unbecoming behaviour by a brilliant lawyer that displayed total disregard for the judicial system and a complete lack of respect for Deputy Chief Justice Raymond Zondo. An unconditio­nal apology is warranted.

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Dali Mpofu

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