The JSC will now consider the tribunal's findings against Judge Makhubele, which could result in her impeachment.
The Judicial Service Commission is set to consider the conduct tribunal’s findings against judge Nana Makhubele. The tribunal found Makhubele guilty of gross misconduct for chairing the Passenger Rail Agency of South Africa interim board even after being appointed a judge in the high court.
Additionally, judges are not allowed to take up an appointment seen to be inconsistent with an independent judiciary or that would undermine the separation of powers doctrine.Part A: Judge Makhubele sat as a judge at the same time that she was chair of the PRASA interim board. In contrast, Makhubele said this meeting only happened later because Mlambo had already agreed that she would assume judicial duties in April 2018. Mlambo denied this.In Part B, the tribunal said this was related to her handling of four claims brought by the Siyaya group of companies, which Prasa had been vigorously defending.Martha Ngoye, also testified
Fani Dingiswayo, general manager of legal services at Prasa, also testified that Makhubele had marginalized the legal unit, terminated the mandate of the rail agency’s attorneys, and personally appointed another firm of attorneys in their stead.
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