Referred to as: ADV MPOFU SC · Advocate Mpofu · Mr Mpofu · Mpofu
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Advocate Mpofu is uncomfortable answering questions about a bag because it might expose him to something else, akin to taking the 5th Amendment in America protecting self-incrimination.
“I am uncomfortable answering that question about the bags or whatever because it might expose me to something else... In America it is called taking the 5th Amendment, right?”
The Commission Act compels witnesses to respond to every question unless they invoke legal privilege; Mr Mpofu's attempt to prevent certain questions based on self-incrimination is not supported by the Act's provisions.
“The Act specifically protects a witness from answering where he invokes legal privilege. And I submit that in the absence of legal privilege, then the witness must answer. ... Some questions should not be put at all because they may self-incriminate, but we do not know which questions will self-incriminate... The witness must go on record and invoke the privilege not to self-incriminate.”
Mr Mpofu attempted to prevent certain questions being asked to General Senona to avoid self-incrimination, which counsel Sello opposed to preserve fact-finding inquiry.
“He must be patient enough for the Commission to go through the questions and the witness will respond accordingly. We have had a case where a witness ... spent almost the entire half a morning refusing to answer on the basis of self-incrimination ... And that was accepted. ... Now, it cannot just ...”
Deputy Chief Dhlamini states that if parties had access to Mr Mpofu, the head of supply chain, they nearly did not need him for payment matters.
“if they had access to Mr Mpofu, who is the head of supply chain, nearly they did not need me”
The Chief Operating Officer directed Mr Mpofu to provide an update regarding the delayed payment issue, citing lack of feedback since referral almost a month ago.
“Mr Mpofu, can you please provide an update on this, as this matter has been referred to you by the CFO almost a month ago and there has been no feedback since that has been provided.”
Deputy Chief Dhlamini explains that the CFO called him on March 4 while with Sergeant Nkosi, requesting to ensure outstanding invoices are paid as companies were threatening legal action.
“The Chief Financial Officer called me while he was with Sergeant Nkosi on the 4th of March, requesting me to say there are outstanding invoices that Mr Mpofu cannot get it right in ensuring that they are being paid and the companies are threatening to go to court.”
Deputy Chief Dhlamini ultimately referred the complainants Kgwadi, Mahlangu, and Mpofu to the CFO's office to deal with non-payment issues.
“You then ultimately referred them to the CFO's office to deal with this.”