The Judicial Conduct Tribunal has set aside three days starting on Tuesday to hear a watershed case against judge Nana Makhubele, three years after the initial complaint.
Makhubele, who was named in the Zondo commission’s report, faces charges of gross judicial misconduct in a complaint filed by civil society organisation #UniteBehind. The judge could be impeached if she is found guilty.
Makhubele faces allegations that she violated the separation of powers principle by being both a judge and chair of the Passenger Rail Agency of SA (Prasa) and allegedly advanced corruption and state capture.
The civil society organisation first wrote to the Judicial Service Commission (JSC) and laid a complaint about Makhubele’s position on the board of Prasa. It outlined how her post would be in conflict with her imminent assumption to judicial office.
#UniteBehind filed its complaint against Makhubele in January 2019. In March 2020, the complaint was referred to the judicial conduct committee and it was recommended that the tribunal be set up.
Makhubele was interviewed by the JSC for the bench in early October 2017 and recommended for appointment soon afterwards. However, on October 19 of the same year, she accepted her appointment to the Prasa board. A few days later, in November, she was confirmed as a judge.
However, in January 2018 she declined to start working as a judge in spite of having been appointed three months earlier. She has denied any wrongdoing.
Makhubele is alleged to have written to judge president Dunstan Mlambo in December 2017 to request a deferment of her assumption of judicial office from January 1 2018 to April that year. This, she said, was to allow her to wind down her legal practice and avoid a conflict of interest.
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