Judge Makhubele seeks to block parliament impeachment process

Gauteng High Courtjudge Nana Makhubele has filed an urgent application to halt parliament’sconsideration of the Judicial Service Commission (JSC) recommendation for her to be impeached. Makhubele wants the parliamentary process to be halted until finalisation of a review application to set aside the JSC’s gross misconduct finding against her which prompted parliament’s impeachment process. Business Day reported earlier that parliament’s portfolio committee on justice and constitutional development, chaired by Xola Nqola, last week resolved to continue considering the recommendation of the JSC for Makhubele’s impeachment despite the legal dispute.

The urgent application before the high court in Pretoria against the National Assembly speaker and the committee will delay the impeachment process. If impeached, Makhubele will lose her title and lose the benefit of receiving a judge’s salary for life. The JSC decision is the foundation of parliament’s impeachment process, and should a court set aside the finding, it will trigger a novel legal case on the impeachment process if parliament votes for her removal.

Makhubele argues if the National Assembly proceeds with the impeachment vote before the outcome of the review application, she will have no alternative relief to save her career. “The continuation of the section 177 [removal of a judge] proceedings under circumstances where there is a pending review application will result in irreparable harm,” she argues. “The fact that I will have no alternative remedy in an adverse vote from the National Assembly makes this matter urgent.

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Even if I were to succeed in the review application, the victory will be meaningless.” The continuation of the section 177 [removal of a judge] proceedings under circumstances where there is a pending review application will result in irreparable harm Parliamentary legal adviser Barbara Loots told MPs last week if parliament impeaches Makhubele and she later wins the review, the impeachment decision would fall away. It is unclear how President Cyril Ramaphosa is expected to deal with the legal conundrum, as he is expected to remove Makhubele when parliament passes a majority vote on the impeachment.

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