Suspended Gauteng Judge Tintswalo Nana Makhubele faces possible impeachment after the Judicial Service Commission (JSC) found her guilty of gross misconduct.

This comes after she accepted an appointment as chairperson of the Passenger Rail Agency of South Africa (Prasa) board while serving as a Judge. Furthermore, she failed to act honourably during her tenure at Prasa and was implicated in State capture.

In a statement on Friday, the JSC said it had considered the report of the Tribunal established to probe the allegations.

Makhubele found herself in hot water after a civil society organisation #UniteBehind filed a complaint.

The complaint alleged that Judge Makhubele undermined the independence of the judiciary and received remuneration from Prasa, a role within the executive branch of the government. Such a role, it said, undermined the separation of powers and/or the status of the judiciary.

It was further alleged that she intentionally or negligently failed to immediately sever all her professional links and failed to organise her personal and business affairs to minimise professional links and avoid a conflict of interest.

However, during the tribunal, Judge Makhubele testified that in December 2017, she emailed Judge Dustin Mlambo, who is now the deputy chief justice, requesting to commence her duties beginning of April 2018. 

Following the email, she had a meeting with Judge Mlambo and Deputy Judge President Aubrey Ledwaba, where it was agreed that she will commence her duties on April 1, 2018.

However, Judge Mlambo testified that he was unaware of Makhubele’s acceptance of a position at Prasa. He said he informed her that her judicial appointment, already approved by the President, would commence on January 1, 2018.  

He said during the meeting she had with him and Judge Ledwaba, she only mentioned that she had to wrap up cases she was involved with as counsel and her duties at the Water Tribunal.

Judge Mlambo said he had already set up the duty roster as he accepted that she would start her duties on January 1, 2018. Mlambo’s evidence was supported by judge Ledwaba.

The tribunal, chaired by retired judge Achmat Jappie, said it was highly probable that she had failed to mention her appointment at Prasa to Mlambo.

Judge Jappie found Judge Mlambo’s evidence more credible than Makhubele’s, stating that Makhubele’s testimony about her involvement and start date at Prasa was confusing and misleading based on all the evidence presented to the tribunal.

The matter has been referred by the JSC to the Speaker of the National Assembly to recommend the initiation proceedings of impeachment. For this recommendation to pass, a two-thirds majority vote is required, before the President formally remove her from office.

sinenhlanhla.masilela@iol.co.za

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