There is a perfect symmetry — a meeting of minds, temperament and legal scholarship — in the partnership of advocate Dali Mpofu and public protector Busisiwe Mkhwebane in this latest instalment of the “Stalingrad defence’’ playing out in parliament to protect the protector from impeachment. Mpofu, ever hypersensitive in respect of his own feelings, is a law unto himself, it seems.
His argument that a majority judgment of a high court is merely an opinion will no doubt have accorded with Mkhwebane’s understanding of the law — she having been at the receiving end of some majority judgments that questioned her legal acumen, and even commonsense.
For Mpofu to invoke a minority judgment from that other font of legal erudition, former chief justice Mogoeng Mogoeng, suggests a trinity of legal mamparas. But for this week, Mpofu is proof that a mampara in silk is a mampara no less. And that’s a majority judgment.
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