Advocate Dali Mpofu, who is Public Protector Busisiwe Mkhwebane’s legal advisor, may be investigated for threatening Section 194 Inquiry Chairperson Qubudile Dyantyi. 

Several members of parliament are calling for the lawyer to be probed for his behaviour yesterday. Public Protector Busisiwe Mkhwebane’s advocate, Dali Mpofu, threatened the chairperson.

Mpofu was responding to Dyantyi’s refusal to postpone this week’s hearings until after an application this Friday, where President Cyril Ramaphosa and the Democratic Alliance will be appealing the lifting of Busisiwe Mkhwebane’s suspension by the Western Cape High Court.

Mpofu said that Mkhwebane was unwell and could not attend proceedings, and that he did not have enough time to prepare for the cross-examination of witness Nelisiwe Thejane before Friday. 

Dyantyi declined his request, leading to an outburst from Mpofu. The advocate interrupted and spoke over the chairperson to the point where he had to be muted.

Mpofu said he was senior to the chairperson in many ways, including age. Mpofu said Dyantyi would ‘pay for exercising his power one day’. 

Mpofu: ‘You have no right to abuse me, but it’s fine, you’ve got the power now, you can exercise it, but you will pay one day.’

Dyantyi: ‘Are you threatening me now?’

Mpofu: ‘Actually, it’s not a threat as I said it’s a promise.’

Committee member Dr Annelie Lotriet took exception to Mpofu’s conduct, saying the matter had to be investigated.

’In terms of the Powers, Privileges and Immunities Act, no member of Parliament must be threatened while exercising his or her duty,’ she explained.

In terms of the Act it is illegal to threaten an MP, and doing so could lead to a prison sentence of up to three years.


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