25 January 2024
The Judicial Conduct Tribunal is hearing evidence about Judge Tintswalo Annah Nana Makhubele’s conduct as PRASA interim board chairperson. Archive photo: Masego Mafata
Judge Nana Makhubele on Thursday started to present her evidence during a hearing into her conduct, more than six months after she was initially scheduled to do so.
The Judicial Conduct Committee’s tribunal on Makhubele was established in 2021, in response to a 2019 complaint by #UniteBehind that she was simultaneously chairperson of the board of the Passenger Rail Agency (PRASA) and a judge in the Gauteng High Court.
The hearing is taking place at the Southern Sun Hotel in Rosebank, Johannesburg. It is being broadcast live.
Makhubele has also been implicated in using her influence at PRASA to further the interests of private company Siyaya.
If the tribunal finds her guilty, Makhubele could be impeached.
Makhubele was supposed to start giving evidence in June 2023, but this was postponed twice due to a dispute over her legal fees. The hearing was scheduled to resume this Monday for her to give evidence, but there was yet another postponement, because her lawyer was not available.
On Wednesday, she indicated that she wanted to launch a high court application to have the tribunal interdicted from continuing. But the tribunal continued on Thursday, with Makhubele representing herself.
Over the course of four hours on Thursday, Makhubele gave evidence to counter claims that she was already a judge when she resigned as chair of the board of PRASA.
Makhubele referred the tribunal to written correspondence between Judge President Dunstan Mlambo and #UniteBehind from January 2018. #UniteBehind had written to Mlambo asking why Makhubele was appearing on the court roll for that month while still being chair of PRASA’s board. Mlambo responded to the letter, saying that Makhubele would only assume duties as a judge in April 2018.
Mlambo had told the tribunal in February 2023 that Makhubele had not disclosed her chairmanship of the PRASA board at the time of her appointment and that he was only made aware in January 2018 of Makhubele’s plans to delay her appointment. He was caught off guard when she did not report for duty that month. Makhubele disputes this, arguing on Thursday that she informed him of her plans in December 2017.
Therefore, Makhubele argues, she had no intention of sitting on the bench while also being PRASA’s board chair.
While presenting her evidence, Makhubele told the tribunal several times that she was unprepared and that she was struggling to locate some of the documentary evidence she wanted to refer to. “You’ve given me insufficient time to prepare,” she said.
Makhubele also used the opportunity on Thursday to challenge the “narrative” surrounding her.
“I have been labelled many things,” she told the Tribunal, “Arrogant, Stalingrad tactics to delay, being the cause of delays. This is important because…it goes to my integrity as a person, as a judge.”
She claimed it was not entirely her fault that the tribunal has taken four years to reach this point.
Makhubele will continue to give evidence on Friday.