Wednesday, March 31, 2021


Dear Readers, 
    Is Deputy Chief Justice Raymond Zondo too nice a guy to be in that snapping advocates pool that forms such a major part of the State Capture Commission that he is heading? 
    Here’s an example of how the farcical side of it works: I give evidence about you which you don’t like. Weeks or months later your advocate is allowed to cross examine me about what I said about you. That can go on for almost as long as it took me to give my evidence in the first place. 
    Various statements as well as Judge Zondo’s comments that have been made along the way are repeated ad nauseam. Eventually my advocate is allowed to re-examine me to clarify and perhaps correct what your advocate said about me. This second stage of the farce can go on for half a day or more with the main characters earning huge sums, making it very much in their interests to extend their arguments as long as possible, so ones that tell colleagues to ‘Shut up’ clearly do not have the system at heart.
Whoever said ‘the law is an ass’ was spot on. 
The characters in the now famous ‘Shut up’ wake up moment at the Commission’s hearing were:
    Dali Mpofu (59): He is an advocate, who as an ANC member was CEO of the SABC for four years where he did such a brilliant job that he was rewarded by being give an 18 month holiday – suspension on full pay. In 2009 he ended his association with the controversy plagued national broadcaster with another even more impressive ‘thank you’ for his good work - a R12-million golden handshake. In 2014 he left the African National Congress party and joined Julius Malema’s Economic Freedom Fighters where he was this party’s Chairperson for a while. Rumour has it that it was under Malema’s tutelage that he learned his good manners. 
    Michelle le Roux: She is the advocate lady Gentleman Dali told to ‘Shut up’ when she was representing Pavin Gordhan, the Minister of Public Enterprises. Her background is without any blemishes like being suspended from her job and being a member of a pock marked political party. She is an Adjunct Professor at the University of Cape Town’s Law School and was named as one of Who’s Who’s Notable Women among Legal Competition Professionals in Europe, the America’s and Africa who are in their forties. She is also a Global Competition Review Litigator of the Year (Non-cartel) winner, SO WHO SHOULD DEFINITELY BE TOLD TO ‘SHUT UP’? 
    They need a naughty corner for advocates like Dali where they can be sent for a week or two. SC's earn around R50 000 a day so that might encourage the foul mouthed to to keep their traps shut. Fortunately 'Shut up' and similar outbursts are a rarity among advocates. If they weren't our courts would make for far more entertaining TV viewing than they do  now.
You be the judge, 
Regards, Jon, a Manners Judge of long standing, although I am not sure that my mother would agree with this if she was still around.
P.S. The Sunday Times put into words what everyone else was thinking:

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