The Judicial Conduct Tribunal (JCT) has set aside three days starting on Tuesday to hear a watershed case against Judge Nana Makhubele, three years after the initial complaint.
Makhubele, named in the Zondo commission, faces charges of gross judicial misconduct in a complaint filed by civil society organisation #UniteBehind.
If found guilty, Makhubele could be impeached.
The allegations against Makhubele are that she violated the separation of powers principle by being both a judge and chair of the Passenger Rail Agency of South Africa (Prasa) and allegedly advanced corruption and state capture.
In December 2017, #UniteBehind wrote to the Judicial Service Commission (JSC) and laid a complaint about Makhubele’s position on the board of Prasa and how this would be in conflict with her imminent assumption of judicial office.
#UniteBehind filed its complaint against Judge Makhubele in January 2019. In March 2020, the complaint was referred to the judicial conduct committee and it was recommended that the tribunal be set up.
Makhubele was interviewed by the JSC for the bench in early October 2017 and recommended for appointment soon afterwards.
However, on October 19 of the same year, she accepted her appointment to the Prasa board. A few days later, in November, she was confirmed as a judge.
She, however, refused to start working as a judge in January 2018, in spite of having been appointed three months earlier. She has denied any wrongdoing.
During the course of December 2017, Makhubele is alleged to have written to Judge President Dunstan Mlambo to request a deferment of her assumption of judicial office from 1 January 2018 to April 2018. This, she said, was to allow her to wind down her legal practice and avoid a conflict of interests.
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