Suspended Gauteng judge Nana Makhubele faces removal from office after being found guilty of gross misconduct by the Judicial Service Commission (JSC) which has recommended that she be impeached.
Makhubele is the third judge in SA history to face an impeachment vote in parliament.
The JSC announced its decision on Friday. Makhubele was initially found guilty of misconduct by the Judicial Conduct Tribunal in January on a complaint she accepted a job as a Prasa board member after she was informed of her imminent appointment as a judge by Gauteng judge president Dunstan Mlambo.
This meant on paper she was both a judge and a board member of a state-owned entity. Civil rights organisation Unite Behind, which filed the complaint, argued Makhubele’s conduct undermined the independence of the judiciary and breached the separation of powers doctrine by accepting both roles.
The second complaint related to Makhubele’s conduct during her tenure as Prasa chair. Unite Behind accused her of acting in a manner unbecoming of a judicial officer. During her tenure she was accused of settling a matter with corruption accused company, Siyaya, without a mandate from the board.
The tribunal found Makhubele acted in a manner “prejudicial to the independence, impartiality, dignity, accessibility, efficiency or effectiveness of the courts”.
The commission agreed.
“The commission resolved to refer the matter to the speaker of the National Assembly and to recommend the commencement of removal proceedings in terms of section 177 of the constitution and will refer the matter accordingly,” the commission said in a statement.
According to the constitution a judge may be removed from office only if the JSC finds that “the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct”.
Parliament will now have to vote for or against her impeachment with a two thirds majority required to remove her as a judge. Once a successful vote is achieved in parliament, President Cyril Ramaphosa must fire her.
Should this be the case she will also lose the benefits for life that judges enjoy.
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