Possible impeachment: Suspended Judge Makhubele challenges JSC’s misconduct decision

Suspended Judge Tintswalo Makhubele appeals Judicial Service Commission’s misconduct ruling. Suspended Gauteng judgeTintswalo Nana Makhubelehas launched an application to review and set aside a decision by theJudicial Service Commission(JSC) that found her guilty of gross misconduct. As a result of the JSC’s finding,Makhubele faces the possibility of impeachment.

The decision stems from her acceptance of an appointment as chairperson of the board of thePassenger Rail Agency of South Africa(Prasa) while serving as a judge. She was also accused of failing to act with integrity during her tenure at Prasa and of being implicated in allegations linked to state capture. In her application, Makhubele contends that the JSC’s decision was unlawful, unreasonable and irrational.

She argues that the proceedings did not properly consider relevant facts and that the commission failed to fulfil its investigative responsibilities. She further submitted that the ruling should be reviewed and declared invalid on the basis that the JSC acted outside its enabling legislation and constitutional mandate. Makhubele’s legal troubles began after civil society organisation#UniteBehindlodged a complaint against her.

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The complaint alleged that Judge Makhubele compromised the independence of the judiciary by receiving remuneration from Prasa, an entity within the executive branch of government. According to the organisation, holding such a position undermined the separation of powers and the standing of the judiciary. It was also alleged that she intentionally or negligently failed to immediately sever her professional ties and did not properly arrange her personal and business affairs to minimise conflicts of interest.

However, during the tribunal, Judge Makhubele testified that in December 2017, she emailed Judge Dustin Mlambo, who is now the deputy chief justice, requesting to commence her duties beginning of April 2018. Following the email, she had a meeting withJudge Mlambo and Deputy Judge President Aubrey Ledwaba, where it was agreed that she will commence her duties on April 1, 2018. However, Judge Mlambo testified that he was unaware of Makhubele’s acceptance of a position at Prasa. He said he informed her that her judicial appointment, already approved by the President, would commence on January 1, 2018.

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