Arguing in the Gauteng Division of the High Court in Johannesburg, Mpofu vociferously criticised the National Prosecuting Authority's support of prosecutor Billy Downer, calling it 'disgraceful'.

Advocate Dali Mpofu SC was warned to "tone down" and "moderate" his language after criticising the conduct of the National Prosecuting Authority (NPA) in a case involving President Cyril Ramaphosa and former president Jacob Zuma. Mpofu, representing Zuma, has argued against an application which seeks to halt Zuma's private prosecution of Ramaphosa.

Zuma alleges that Ramaphosa is an "accessory after the fact" in another private prosecution that he has brought against prosecutor Billy Downer, who Zuma alleges unlawfully leaked his confidential medical records to journalist Karyn Maughan. Downer has denied any illegal conduct and is also attempting to halt his private prosecution.

The Criminal Procedure Act allows individuals to enter into private prosecutions once the NPA decides it will no longer continue with a prosecution. The individual must obtain a nolle prosequi certificate from the NPA in which it indicates it won't be continuing with the prosecution. Zuma obtained two such certificates, one in June 2022 and one in November of that year. Ramaphosa argues that his name does not feature as a potential accused in either document and as a result has called the prosecution unlawful. The NPA, which said it didn't want to be dragged into the dispute,...