Judge Makhubele finally gives evidence at conduct tribunal

The Judicial Conduct Committee’s tribunal on Judge Tintswalo Annah Nana Makhubele was established in 2021 in response to a 2019 complaint by #UniteBehind that she was simultaneously chairperson of the board of the Passenger Rail Agency of South Africa (Prasa) and a judge in the Gauteng Division of the High Court.

The hearing is taking place at the Southern Sun Hotel in Rosebank, Johannesburg.

Makhubele has also been implicated in using her influence at Prasa to further the interests of a private company, Siyaya.

If the tribunal finds her guilty, Makhubele could be impeached.

Makhubele was supposed to start giving evidence in June 2023, but this was postponed twice due to a dispute over her legal fees. The hearing was scheduled to resume this Monday, but there was yet another postponement as her lawyer was not available. 

On Wednesday, she said she wished to launch a high court application to have the tribunal interdicted from continuing. However, the tribunal continued on Thursday, with Makhubele representing herself.

Over four hours on Thursday, Makhubele gave evidence to counter claims that she was already a judge when she resigned as chair of the board of Prasa.

Makhubele referred the tribunal to written correspondence between Judge President Dunstan Mlambo and #UniteBehind from January 2018. 

#UniteBehind had written to Mlambo asking why Makhubele was appearing on the court roll for that month while still serving as chair of Prasa’s board. Mlambo responded, saying that Makhubele would only assume duties as a judge in April 2018.

Mlambo told the tribunal in February 2023 that Makhubele had not disclosed her chairmanship of the Prasa board at the time of her appointment and that he was only made aware in January 2018 of Makhubele’s plans to delay her appointment. 

He was caught off-guard when she did not report for duty that month. 

Makhubele disputes this, arguing on Thursday that she informed him of her plans in December 2017.

Therefore, Makhubele argues, she had no intention of sitting on the Bench while also being Prasa’s board chair.

While presenting her evidence, Makhubele told the tribunal several times that she was unprepared and that she was struggling to locate some of the documentary evidence she wanted to refer to. 

“You’ve given me insufficient time to prepare,” she said.

Makhubele also used the opportunity on Thursday to challenge the “narrative” surrounding her.

“I have been labelled many things,” she told the tribunal. 

“Arrogant, Stalingrad tactics being the cause of delays. This is important because … it goes to my integrity as a person, as a judge.”

She claimed it was not entirely her fault that the tribunal had taken four years to reach this point.

Makhubele will continue to give evidence on Friday. DM

First published by GroundUp.