High court judge in limbo as Ramaphosa is asked to suspend her
GAUTENG High Court Judge Nana Makhubele’s future on the Bench hangs in the balance as President Cyril Ramaphosa has been asked to suspend her.
The suspension has been recommended to stay in place pending the findings of the Judicial Conduct Tribunal into allegations of impropriety.
Makhubele has been accused of abusing her position as the chairperson of the then interim board of the Passenger Rail Agency of SA (Prasa) to push for controversial and irregular payments of contractors.
On Wednesday, the Judicial Service
Commission (JSC) wrote to Ramaphosa recommending that he suspends both Makhubele and Western Cape High Court Judge Mushtak Parker until the finalisation of the complaints lodged before the commission against the two.
The allegations against Makhubele relate to her tenure at the helm of Prasa from October 2017 to March 2018.
“In respect of Judge Makhubele, the JSC having considered the complaint, the submissions made by the parties and the recommendation made by the
Judicial Conduct Committee (JCC), resolved to adopt the JCC’s recommendation and requested, in terms of section 19 of the Judicial Service Commission Act, 1994 (JSC Act), the Chief Justice to appoint a Judicial Conduct Tribunal to investigate and report on the complaint,” the JSC said in a statement.
In August, Makhubele came under fire from the Zondo Commission into State Capture where she was grilled on alleged abuse of power and her continued stay at Prasa in 2018 despite having been given the nod to be a sitting judge.
Activist coalition #UniteBehind had lodged a complaint with the JSC, as it accused Makhubele of undermining the independence of the judiciary by serving and receiving remuneration from Prasa while her position as a judge had come into effect.
The organisation also accused Makhubele of being unfit to be a judicial officer because of the allegation that she had used her position at Prasa to enforce settlement agreements with companies that were linked to corruption.
Makhubela has so far denied allegations that she was involved in any act of impropriety during her tenure at Prasa.
Meanwhile, Parker stands accused by 10 judges of his own Bench of giving conflicting versions in relation to his alleged assault by Western Cape Judge President John Hlope.
“The JSC will, in terms of section 19(4) of the JSC Act, inform the president that it has requested the Chief Justice to appoint a Tribunal. Furthermore, the JSC will advise the president that it would be desirable for the president to suspend Judge Parker in terms of section 177(3) of the Constitution pending the finalisation of the complaints,” the JSC said.
Acting presidential spokesperson Tyrone Seale said he was not immediately aware of the correspondence by the JSC.