Unbelievable, nonsensical, far-fetched, absurd, morally bankrupt and shocking were some of the phrases News24 readers used to describe the finding that cleared advocate Dali Mpofu of misconduct in connection with "shut up" comments he made during last year's State Capture Inquiry hearings.
Last month, the Legal Practice Council (LPC) found Mpofu's use of the words "shut up" on 23 March 2021 was not disrespectful.
He told Public Enterprises Minister Pravin Gordhan and his advocate, Michelle le Roux, to shut up while objecting to Le Roux's line of questioning.
Days after the incident, inquiry chairperson, then Deputy Chief Justice Raymond Zondo, condemned Mpofu's comments as unacceptable.
READ | 'Shut up' in isiXhosa not rude, LPC finds as it clears Dali Mpofu of misconduct
On Thursday, News24 legal journalist Karyn Maughan reported that in a majority ruling, the LPC's disciplinary committee found Mpofu had not been rude or discourteous when he told both Le Roux and Gordhan to shut up.
This was based on Mpofu's claims that no one from his Eastern Cape village would have found it rude if he told them to shut up in isiXhosa.
"He told the committee that English is his second language. If he had been allowed to use his mother tongue, isiXhosa, he would've said thula (shut up) or vala umlomo (close mouth), both of which are acceptable expressions to ask another person to keep quiet," LPC disciplinary committee chairperson Ramola Naidoo said.
The decision effectively overturns an earlier stance by the LPC's investigating committee that Mpofu's outburst warranted a misconduct inquiry.
READ | Mpofu found guilty of ethical breach for telling Le Roux to shut up, mulls legal challenge
The Helen Suzman Foundation's Nicole Fritz told News24 the LPC disciplinary committee's report was bewildering and profoundly unjust towards Le Roux.
Meanwhile, News24 readers have severely criticised Mpofu's justification and the council's acceptance of it.
Referring to the finding as a "joke", many have rubbished the use of Mpofu's upbringing and cultural heritage to defend his comments.
One user, Trojan, wrote: "Good to know the LPC is saying we can use language to abuse another as long as we can justify it as culturally acceptable in our own language. After all, this is exactly what SA needs, people from different cultures hurling abuse at each other in non-abusive-culturally-myopic-acceptable ways."
User Van777 agreed with these sentiments, adding: "I think this decision is a crock. Dali has an excellent grasp of the English language and knew full well that what he was saying, in English, in a forum where English, at that time, was the language of the day. He wasn't speaking at a meeting in his native village, where it does not have a disrespectful connotation. He was in a different forum where the rules of conduct are different and he knew that full well. "
"The standard cannot be your small hometown village or isiXhosa as this is not the context where it was used. The utterances must be taken in a legal setting with legal professionals. The bottom line is Mr Mpofu lost his temper just like Minister Cele did and they make it a race issue, thus diminishing the actual racism that takes place on a daily basis," said Simplysense.
"'Shut up' is rude and disrespectful in all other languages. The person that he said this to is not Xhosa and therefore he was disrespectful," Bullitt wrote.
At the same time, some News24 readers warned that the LPC's finding could set a disturbing precedent for what legal professionals can get away with.
"This LPC ruling, if unchallenged, could open the floodgates for the disrespectful in courts, commissions of inquiry, legislatures and society in general. Unbelievable!" one user said.
"It is now acceptable for a person to swear and disrespect a judge if he grew up in in a dysfunctional home, or grew up as a member of a gang. My background is now the bar used to set acceptable behaviour in court," said another user.
READ | Adriaan Basson | Dali Mpofu - a legal nincompoop and scoundrel
Here are a few more reader responses:
"Mockery of the judicial system in SA, like everything else, it's falling apart, very sad." - Dr Opinion
"Seriously? No, I mean seriously? Has the world gone mad?" - Xonline
"Arguments presented by the LPC are far-fetched and absurd. It is actually an insult to the IsiXhosa culture. That Mpofu would sully his culture to justify his bad manners is not unexpected." - pokedbear01
"What kind of a joke is this? Is Dali Mpofu the new kind of court jester allowed to use any kind of insult unpunished?" - Thinkabit
"Scraping the bottom of the barrel of reason!! Just thinking . . . In certain areas in the WC there is a popular phrase used by people which they do not consider rude (jou ma se. . . .) I guess this will now also be used in the same manner!!' - Think Twice
"The LPC has disgraced itself by submitting the profession to a bully in its midst." - wobbly63
"You would expect the LPC to be guided by common sense and [protect] the dignity of the profession. Mpofu had definitely brought the profession into disrepute, not just with this incident... The LPC has failed in its mandate and its application of its own rules. The question remains: who monitors the monitor?" - sharfamod
"It doesn't matter what shut up means or doesn't mean in isiXhosa. It remains an aggressive, arrogant, unprofessional and disrespectful remark, especially when directed to an elderly like Mr Gordon, who is far older than Mr Mpofu. It is unfortunate that we are quick to bring in culture when found lacking, like the judge or Mpofu do in this case. Did the judge consider that in isiXhosa or any African culture, Mr Mpofu wouldn't address his own mom or dad in such manner ? It goes without say that education doesn't always change or shape our characters and upbringing as desired. Respect." - QashiM@GP
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