A judicial conduct tribunal has found Judge Nana Makhubele guilty of gross misconduct for her actions both as a judge and as the chair of the Prasa interim board.
A judicial conduct tribunal has found Judge Nana Makhubele guilty of gross misconduct. The tribunal, chaired by retired KwaZulu-Natal Judge President Achmat Jappie, has also found her conduct as the chair of Prasa ’s interim board to be equally unethical. The tribunal’s findings – which could result in Makhubele ’s impeachment – will now be considered by the Judicial Service Commission (JSC).
The tribunal was established by the JSC to consider two complaints by commuter activist group #UniteBehind. Part A of the complaint related to Makhubele's failure to assume her judicial duties on 1 January 2018 as per her appointment and her subsequent failure to inform Gauteng Judge President Dunstan Mlambo that she had accepted the Prasa board appointment. The tribunal found Makhubele's version of events to be deliberately misleading and insufficient. Part B related to Makhubele's conduct during her tenure as chairperson of the Prasa. #UniteBehind alleged that she acted in a manner unbecoming of a judicial officer, making her unfit to be a judge. She had acted in a dishonest and unethical manner, particularly in her handling of four claims brought by the Siyaya group of companies which Prasa had been vigorously defending. The tribunal found that Makhubele had marginalised the legal unit, terminated the mandate of Prasa’s attorneys and personally appointed another firm of attorneys in their stead. She then negotiated with Siyaya’s attorneys and entered into a confidential settlement agreement that was manifestly and materially prejudicial to the interest of Prasa, and frustrated Prasa’s attempts to resist the enforcement of the settlement.
JUDICIAL MISCONDUCT PRASA SETTLEMENT JUDGE MAKHUBELE
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