Prominent lawyer Advocate Thabani Mpofu has said that although his professional oath compels him to defend liberty “without regard to political affiliation,” he has made a personal decision to refuse certain briefs.
This comes after recent online claims by Rutendo Matinyarare that Mpofu was representing Wicknell Chivayo. Matinyarare later apologised after Mpofu threatened legal action.
Posting on his X page, Mpofu said advocates have a sworn duty to represent all persons in matters of “liberty, life and limb,” noting that in such cases “there are no political formations.”
Despite this, Mpofu said Zimbabwe’s “awkward environment” has led him to a “conscious and personal decision that there are certain individuals I will not represent and certain interests I will not champion.”
“There are just people for whose benefit I will never prostitute my skill, whatever the rewards,” he wrote. “I’ve taken this position notwithstanding the cab rank rule. Thus, whilst my taxi will convey many, for reasons that are personal to me, it will not move contraband”
Mpofu stressed the decision was “not corporate, it is not collective, and it was not made on behalf of or in consultation with others.”
He added: “I expect myself to remain faithful to that decision, and I emphasise that no one has a right to impose it upon me as a demand. It is a personal commitment.”
The advocate, known for representing opposition figures and civil society actors, said he is aware some “quite legitimately expect me to remain true to that choice” and that he does not intend to disappoint them. “But I must stress, just as firmly, that this is my decision and not theirs.”
Mpofu was unequivocal about his political views, saying: “I believe Zimbabwe is under tyranny. I believe Zimbabwe is under tyranny. I believe it is being misgoverned. I have dedicated my life to fighting the good fight for the liberation of my country. I do so out of conviction and for posterity. I do so in my personal capacity.”
He warned against conflating his activism with his legal work: “The fact that I fight for the common good does not entitle anyone to drag my professional work into my political convictions, notwithstanding that I have also chosen, in my professional life, to draw certain lines.”
The remarks follow a public spat with political activist Rutendo Matinyarare, who had alleged Mpofu was acting for Wicknell Chivayo. Matinyarare has since retracted the claim and apologised.
Mpofu did not name any individuals he would refuse to represent. The cab rank rule, which he referenced, is a common law principle requiring advocates to accept briefs if they are available and competent, regardless of the client’s identity.
Named after the tradition of taxi drivers taking the first passenger in line, it ensures equal access to justice and prevents lawyers from refusing unpopular clients.
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