Judge Makhubele

Judicial Conduct Tribunal Hearing for Judge Makhubele. Makhubele was appointed a judge in November 2017 and refused to resume her duties in January 2018, citing other commitments. Makhubele is accused of not being open and honest about her real reasons for being unable to resume her official judicial duties in January 2018, in line with her appointment letter. Judge Makhubele is accused by commuter rail activist group #UniteBehind of having held the position of a high court judge while at the same time serving as chairperson of the board of PRASA, and, while, chairperson of PRASA, that she worked to advance the interests of a company whose contracts with PRASA have been set aside on the grounds of corruption. In the first part of the complaint, Judge Makhubele is accused by commuter rail activist group #UniteBehind of having held the position of a high court judge, starting from 1 January 2018, while at the same time serving as chairperson of the board of state-owned train company, Passenger Rail Agency of South Africa (PRASA) from 19 October 2017 to 16 March 2018. These dual roles, #UniteBehind argues, are incompatible with each other as it means the judge is answerable to both the judiciary and the transport minister, in violation of the separation of powers principle and the law, and several provisions of the Judicial Code of Conduct. In the second part of the complaint, which is even more serious, #UniteBehind alleges that while Judge Makhubele was chairperson of PRASA, she worked to advance the interests of a company whose contracts with PRASA have been set aside on the grounds of corruption linked to state capture. The tribunal is led by retired former judge president of the KwaZulu-Natal high court Achmat Jappie, retired judge Seun Moshidi, and advocate Noxolo Maduba-Silevu.