The General Council of the Bar is reconsidering mounting a legal challenge to the appointment of former acting director of public prosecutions Mokotedi Mpshe as an acting judge in the North West High Court.
This comes after an announcement by Justice Minister Jeff Radebe on Thursday that Mpshe had resigned from the National Prosecuting Authority (NPA).
Mpshe’s appointment, following the NPA’s dropping of charges against President Jacob Zuma, has raised eyebrows. The legal profession also questioned the fact that Mpshe apparently remained on the public service payroll and was being seconded by Radebe to the Bench.
But Radebe indicated at a media briefing in Parliament that Mpshe had resigned from the civil service.
Chairperson of the council Patrick Mtshaulana said discussions on the matter had been circulated to its exco members. “I think we need legal advice. We’ve heard Mpshe is no longer a state employee as he is believed to have resigned, so a legal challenge might be academic.”
It was “pretty unusual” for an acting judge to preside for as long as six months, the period for which he had heard Mpshe was appointed. “Acting judges are normally appointed for one term, which is two or two-and-a-half months, as they are usually working lawyers,” he said.
At Thursday’s media conference, Radebe lashed out at the council and the Law Society of South Africa for waging a media campaign against Mpshe’s appointment, but his briefing did little to allay opposition party perceptions that he is fast-tracking Mpshe to the Bench as a reward for relenting on the graft charges against Zuma.