Ann Eveleth
KwaZulu-Natal’s new director of public prosecutions, advocate Mokotedi Mpshe, took office on Tuesday ahead of a disciplinary hearing that could result in his being struck from the roll.
Mpshe, who faces seven counts of professional misconduct in a Pretoria Bar Council disciplinary hearing which was set to resume on December 4, replaced controversial former attorney general Tim McNally, who was informed last month that he would be removed from his post by National Director of Public Prosecutions Bulelani Ngcuka.
Mpshe’s defence counsel, Dan Meser, SC, confirmed that his client had pleaded guilty at an earlier sitting of the hearing to four of the seven counts. These counts formed one of two charges against him, and related to his failure to appear in court on four dates in 1996 to represent a client in a criminal matter for which he was instructed.
The council’s pro forma prosecutor, advocate Salie Joubert, said however that these charges were “not that serious” as Mpshe’s failure to appear in court followed a conflict with an appointment he had with the Truth and Reconciliation Commission. Meser said Mpshe acknowledged that he should have made better arrangements.
Mpshe pleaded not guilty, however, to the more serious second charge against him. This charge comprised three counts of misconduct relating to his alleged failure to return a client’s motor vehicle following his client’s incarceration in March 1993.
The charge sheet alleges that Mpshe’s client, Abram Masilo, lent him a 1983 Mercedes Benz 280 SE in late 1992. Mpshe defended Masilo in a Supreme Court case which led to his conviction and the imposition of the death penalty. Masilo has since been incarcerated.
“Despite demand by the said Masilo or people acting on his behalf, JM Mpshe refused to return the said motor vehicle to Abram Masilo or his representative since or about 17 March 1993 and … it constitutes misconduct with reference to his profession as an advocate to be in possession of a motor vehicle of his client and refusing to return same,” the chart sheet alleges.
Count two of this charge alleges that Mpshe failed to reply to these allegations, despite a March 1997 request by the society’s professional and ethical committee for him to do so.
Count three of the same charge alleged that Mpshe subsequently, in May 1997, visited Masilo in prison; discussed the complaint with him; “unlawfully and intentionally offered him payment in the amount of R5000 on condition that Abram Masilo forward a letter to the society to withdraw the complaints laid”; attempted to convince Masilo not to inform the society of his visit; and undertook to assist Masilo in his release from prison.
Meser said that Mpshe had notified Minister of Justice Dullah Omar “comprehensively” as to what was on the go ahead of his appointment as KwaZulu- Natal director of public prosecutions.
The hearing resumes today with one new panel member after a black Pretoria advocate recused himself during the initial hearing claiming discomfort at having to hear such allegations against a black colleague.