The Judicial Conduct Tribunal into a misconduct complaint against suspended Gauteng judge Nana Makhubele was postponed on Tuesday after it emerged that her legal team hadn’t been paid since the start of proceedings.
Her attorney, Eric Mabuza, said the team, which had charged for two attorneys and two counsel, had received “not a cent”.
He told the tribunal Makhubele’s team also hadn’t received any correspondence from the state attorney when they had tried to address the issues and it had become “intolerable” for her counsel to proceed.
Makhubele faces impeachment after a complaint from the civil society coalition #UniteBehind that she continued to serve as chairperson on the interim board of Prasa after being appointed a judge from January 1 2018, a double role it says is improper.
The organisation also alleges during that time — contrary to advice from Prasa’s legal affairs division, which she sidelined — she approved the settlement of claims for about R59m with a set of companies in the Siyaya group owned by Makhensa Mabunda.
Mabunda was politically connected to Prasa’s former and allegedly corrupt CEO Lucky Montana.
Makhubele was expected to give evidence on Tuesday and the tribunal was scheduled to hear her for the rest of the week. Instead, the morning was spent with attorneys and lawyers walking in and out of the room, apparently trying to find a way forward.
The tribunal chair, retired judge president Achmat Jappie, “tentatively” postponed proceedings until November 13 so Makhubele could resolve her situation with the state attorney.
She had earlier said she had already “escalated” matters to the solicitor-general and had spoken to him two weeks ago. He was aware of the issue, she said.
“I will make a follow-up,” she said.
Jappie said though he understood Makhubele's difficulties, he wanted to “impress upon” her team that the tribunal’s view was that it should proceed in November “whatever happens” since it matter has been outstanding for more than three years.
The panel had wanted to give the Judicial Service Commission (JSC) a report before it meets in October. It would not be able to do so, he said. The panel would want to finalise its work before the following JSC meeting in April next year.
Mbali Mondlane, deputy director: legal services at the Office of the Chief Justice said funding matters fell under the Department of Justice, as was made clear by Mabuza. The justice minister’s spokesperson didn't immediately respond to request for comment.
Makhubele gave evidence before the state capture inquiry for a day, denying all wrongdoing. Chair Raymond Zondo asked her a number of potentially devastating questions. These included questioning her claim that she delayed taking up her judicial appointment because she had matters pending at the water tribunal when “there was only one appeal and even that one appeal was heard in 2017 and not in 2018”.
Makhubele insisted she had good answers for all his questions and would answer them when she returned to the inquiry.
However, she never returned. In his report, Zondo said the inquiry didn’t pursue issues it sought to with her “because they may require further investigation and yet I am aware that there is a tribunal under the JSC that will investigate her conduct at Prasa”.
“I will leave the matters of her role at Prasa to be dealt with by the tribunal, even though it may not deal with all aspects,” said Zondo.
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