Christopher “Dali” Daluxolo Mpofu

Christopher Daluxolo Mpofu (popularly known as Dali Mpofu) is a South African advocate, legal expert, and former African National Congress (ANC) stalwart. Mpofu was born on 2 September 1962 (one of two other siblings) to Nosebenzile Doris Mpofu in Duncan Village, East London, Eastern Cape Province, South Africa, where he spent his childhood.[1] In an interview with Sizwe Mpofu-Walsh, Mpofu said he and his family lived in abject poverty. His mother Nosebenzile worked as a helper at a white family’s house in East London and had little to no financial means to support them. However, she made sure that she sent them to school with the little that she had. [2]  Mpofu’s father died after a brief illness in East London when Mpofu was still a teenager. Before his untimely death, he was a labourer at Wilson Rowntree sweets factory in East London, Eastern Cape, which was later succeeded by Nestle South Africa in 1988. He also worked as a casual umbrella mender in his neighbourhood. Mpofu describes his father as obstinate in character and lenient towards his children in comparison to his mother, Doris. [3]

Mpofu’s passion for politics began when he was 13 years old. A set of books on politics that were given to him to read by his uncle Mfusi Moss ignited this. Some of these included “Cry, the Beloved Country” and “Black Like Me” which were banned in South Africa because of their racially provocative views. [4] He argues that because of these books, he became “politically conscious” and started participating in radical movements such as the anti-apartheid movement and the Soweto Uprising organised by the ANC in 1976 when he was in standard six (Grade eight). The highlight of his childhood was in 1977 when he heard of the passing of one of the political activists he admired, Steve Biko, the founder of the national Black Consciousness Movement (BCM) which he read about in a newspaper that his mother had brought home from her workplace and was a couple of days old. [5] Biko’s funeral took place at his home in East London which was close to his house. Despite his desperation to attend the funeral, their parents permitted only his older sister, Thobeka, to attend.

Mpofu was first arrested at age 17 for arson and misconduct and was brutally beaten by the police together with his accomplices who were also members of the ANC. Although he was not deeply involved in the ANC at the time, the police were informed by an unknown source about their (he and his comrades) underground involvement in the movement. Some police officers were sent to search their homes for information and to arrest them. Mpofu said his detention was the most unpleasant time of his life and for the very first time he felt the harsh end of “the brutality of the regime.”[6]  Mpofu was arrested under a law called “R252 of Ciskei” and was detained for approximately 90 days. [7] Following his detention, he and his comrades were charged and allowed bail, followed by trial.

In 1979 he became an active member of the ANC, and they (his comrades and him together with other members) formed the Congress of South African Students (COSAS), which he actively led in 1980. He was detained again in February 1981 for being in possession of ANC literature, fliers which he kept for distribution, and ANC magazines including what was known as ‘Sechaba’ an official journal of the ANC.[8] These fliers disclosed “the raid (called the “Matola raid”) that the South African National Defence Force (SADF) had undertaken in Mozambique, where they killed ANC members…, and another raid that took place in Maseru, (Lesotho).” [9] It was during this trial that Mpofu became fascinated with the law. He and his co-accused were represented by a young attorney, Devar Pillay, who represented them so well that he was swept off his feet by the intricacies of legal practice. [10] In April, Mpofu was exonerated from his charges. He then took up a position as a spot-welder at Car Distributors and Assemblers (CDA), now Mecedes-Benz South Africa, where he assisted in the making of cars, what he believes was the lowest level of employment at CDA at the time.[11] He was earning approximately fifty-one rands per week.[12] At 19 years of age, Mpofu left his job as a spot welder and attempted to further his studies. He claimed that this decision was also fuelled by the unforeseen retrenchment of seven of his fellow workers at CDA, who were also leaders of the South African Allied Workers Union (SAAWU), formed under the auspices of the ANC which was proscribed at the time.[13]

In February 1982, just a few weeks after he was accepted back into school, Mpofu travelled to Johannesburg, Transvaal (Gauteng) for the first time, to attend the funeral of Neil Aggett, a white trade unionist who died while being held at John Vorster Square, which is now the Johannesburg Central Police Station. Mpofu received a message from some of his comrades that a bus would be leaving for Johannesburg for the funeral and that all those intending to go should put their names on a list of attendees so that their seats would be reserved. His school principal, who he claims was a very “progressive” man and a former detainee on Robben Island, allowed him to miss his classes and attend the funeral.[14] Mpofu argues that John Vorster Square was the same place where he had his sixth and final detention (without trial) in 1986.  Despite growing up under penurious circumstances, Mpofu was the only student out of one hundred and seventy-three who completed his matriculation with a first-class university exemption.  Following this exceptional academic performance and undertaking a few mathematics and science Olympiads, he received a scholarship (cadetship) to pursue a degree in engineering at the University of the Witwatersrand.[15] However, he quit his studies a few months later, stating that he realised it was not his intention to spend the rest of his life in a science laboratory.

He was detained again in 1984 amidst his studies at Witwatersrand University (Wits).  At the time he was a leader of the Boys House Committee and was facing criminal charges and expulsion from the university together with his accomplices. He was also the chairperson of the “Charterist Black Students Society” at Wits at the time.[16] Shortly after they were acquitted, Mpofu says that he called Professor Christopher John Robert Dugard, a renowned South African professor and expert in international law, to inquire about the possibility of enrolling for law at Wits.[17] After receiving positive feedback from Professor Dugard, Mpofu withdrew from his engineering cadetship and used some of the savings he earned from the stipend he received throughout the year to pay for his registration fees for his law studies. He says that the rest of his fees were paid for by Kathleen Satchwell (Kathy), a former judge of the Gauteng Division of the High Court and lawyer, whose company (Kathleen Satchwell Attorneys) he later worked for as a candidate attorney in 1987. Mpofu subsequently graduated with a BProc degree from Wits in 1998.[18]

In 1992, under Peter Mokaba's administration, Mpofu was appointed to serve as the African National Congress Youth League's (ANCYL) Johannesburg Publicity Secretary. Mpofu had collaborated with Mokaba, a former Member of Parliament and Minister in the Government, since the mid-1980s.[19] Owing to his veteran status, history of imprisonment, and a pending trial for misconduct, Mpofu was later appointed as a plant organiser for the South African Allied Workers’ Union under the leadership of former trade unionist and politician Sisa Njikelana and political activist Thozamile Richard Gqweta.[20]

Mpofu was admitted as an Advocate of the High Court of South Africa and a member of the Johannesburg Bar in 1993. He has worked on some of South Africa’s high-profile cases in the fields of human rights, civil litigation, and constitutional law and is known for his controversial and unapologetic views both in politics and law. [21]  Among some controversies surrounding him was his suspension from the South African Broadcasting Corporation (SABC) for failure to follow the rules set by the SABC Board. However, this suspension was set aside by the Johannesburg High Court on the basis that Mpofu had been intentionally excluded from the meeting in which the decision to suspend him took place. Mpofu was voted into office as the SABC group chief executive officer on 22 June 2005, under a five-year fixed-term contract that took effect on the day of the official appointment.[22] The Board of Directors at SABC announced their excitement in bringing Mpofu on board given his ability to bring new and innovative technology expertise to the field which was exactly what was expected by the corporation’s licence policy and their existing tactical approaches for new viewers.[23] Mpofu served as the seventh Chief Executive Officer (CEO) of the major corporation since the beginning of South Africa’s first democratic elections which took place in 1994.[24]  He was suspended again in the same year for “internal disciplinary offences”.[25] He was finally dismissed from his role in January 2009.[26]

He has represented an array of politicians and public representatives in court, including the likes of former President Jacob Zuma. Mpofu replaced Muzi Sikhakhane SC as lead counsel representing Zuma during his corruption trial in 2021. He also represented former public protector Busisiwe Mkhwebane during her legal bid to interdict the South African Parliament’s impeachment measures against her and her office.[27]

Mpofu has participated in numerous protests and campaigns directed at challenging the apartheid system. He worked alongside Nelson Mandela and Winnie Madikizela-Mandela during the struggle against apartheid and the fight for freedom and justice in the past. Mpofu is reported to have worked in the Department of Social Welfare while serving under the leadership of Madikizela-Mandela who was the head of the department at the time.

According to the City Press newspaper, Mpofu had an extramarital affair with Madikizela-Mandela while working as her deputy in the Department. This affair is reported to have persisted until her husband (Nelson Mandela) was released from prison. In 1992 there were rumours that the two were being investigated for possible fraud. Madikizela-Mandela faced allegations that she had continuously sponsored her relationship with Mpofu with ANC funds.  They both claimed the accusations to be false and declined to accept the charges. [28] In 1992 local and international print media released Madikizela-Mandela’s written communique where she referenced her relationship with Mpofu and admitted having given him approximately one hundred and sixty thousand rands from ANC funds.[29]

 Mpofu later worked as a Trainee International Advocacy Teacher at Grays Inn in London from 1996 to 1997.  Upon his return to South Africa, in 2000, Mpofu was appointed as an Acting Judge at the South African Labour Court. Concurrently, Mpofu was chosen to serve as the Group Executive Director for Corporate Affairs at the Information and Communications Technology company, Altron.

Some of the notable positions that he has held to date include but are not limited to:[30]

• Board Chair of Proudly South African
• Board Chair of Boxing South Africa
• Council Member of the International Marketing Council of South Africa
• President of the Southern African Broadcasters Association
• Acting Judge at Labour Court of South Africa
• Chairman of Victim Support SA, Business Against Crime
• Chairman of National Anti-Corruption Forum

Mpofu withdrew his membership from the ANC after thirty-three years, in 2013, and joined the newly formed Economic Freedom Fighters (EFF) political party under the leadership of ex-ANCYL president Julius Malema. He was elected as the EFF’s premier candidate for the Gauteng province before the 2014 general elections. [31]

Some of the electoral positions he held as a member of the EFF include[32]

• Regional Northern Cape Election List 2019 - Third candidate
• Regional Eastern Cape Election list 2019- Third candidate
• Regional Mpumalanga Election list 2019- Third candidate
• Regional Free State Election list 2019- Third candidate
• Regional Gauteng Election list 2019- Third candidate
• Regional Kwa Zulu Natal Election list 2019- Third candidate
• Regional Limpopo Election list 2019- Third candidate
• Regional North-West Election List 2019- Third candidate
• Regional Western Cape Election list 2019- Third candidate
• National Election list 2019- Third candidate
• Gauteng Provincial Legislature Member-elect 2014
• Provincial Gauteng Election list 2014- First candidate  

Some of Mpofu’s most renowned cases include representing Floyd Shivambu, Sindiso Magaqa, and Julius Malema in February 2012 in the ANC’s internal disciplinary proceedings against them.[33] In the same year,  he represented three hundred Marikana mine workers who sustained injuries during the Marikana massacre, together with the families of those who were shot dead during the unrest at Marikana at the Marikana Commission of Inquiry.  He indicted the South African government for intentionally slowing down the process of the compensation discussion on behalf of the affected.[34] So far, the South African government has paid R3.9 million to one of the families that suffered the loss of their breadwinner because of the shooting.

Mpofu applied for the status of senior counsel (also known as silk), in 2012, at the High Court during former President Jacob Zuma’s term of office. However, the status of his application was withheld until 2014. Mpofu was finally awarded his silk status in September 2014 and afforded the title of Senior Counsel (SC).[35]

In 2018, Mpofu appeared at the Nugent Commission of Inquiry to represent the interests of Tom Moyane, former commissioner of the South African Revenue Services (SARS) who was undergoing investigations for the mismanagement of operations at SARS. [36] Mpofu subsequently represented Moyane at the State Capture Commission of Inquiry which was presided over by Deputy Chief Justice Raymond Zondo, where he cross-examined Member of Parliament (MP) Pravin Gordhan.[37]

Mpofu has served as counsel in other legal battles including representing ANC affiliates and member of parliament Supra Mahumapelo during his urgent bid to be reinstated as North-West ANC provincial executive committee (PEC) chairperson.[38] He represented former ANC Secretary-General Ace Magashule during his appeal to challenge his expulsion from the ANC after being found guilty of contravening several sections of the national party’s constitution by the National Disciplinary Committee (NDC). [39] More of the cases that Mpofu worked on include that of Patricia de Lille’s legal action against the Democratic Alliance (DA) for attempting to remove her as Mayor of Cape Town, “Fees must fall” activist and former student at Wits, Mcebo Dlamini, M-Net presenter, Gareth Cliff, “alleged parliament arsonist” Zandile Mafe and Abathembu King Buyelekhaya Dalindyebo.[40] Despite the current controversies regarding his demeanour and beliefs, Mpofu argues that being in the legal field requires one to “die for the cause”. He believes that anyone who witnessed the harsh side of the revolution will always be derided for their actions, therefore one needs to believe in justice more than they believe in the law because the law can be unjust in countless ways, but it will still be the law, in the same way, that colonialism and apartheid was the law.[41]