JSC endorses tribunal findings of gross misconduct against judge Makhubele
The commission has resolved to refer the matter to the speaker of the National Assembly to recommend removal proceedings for the judge in terms of the constitution.
The commission, without the MPs, met in July to consider the contents of the report of the tribunal, which had inquired into allegations of judicial misconduct against Makhubele after a complaint by #UniteBehind, a coalition of movements comprising various nonprofit organisations.
The complaint was made as Part A and Part B.
Part A concerned Makhubele's acceptance of appointment and provision of services as a chairperson of the interim board of the Passenger Rail Agency of South Africa (Prasa) after she was appointed a judge with effect from January 1 2018.
Part B related to Makhubele's conduct during her tenure as chairperson of Prasa, that she failed to act honourably and avoid the appearance of impropriety and acted in a manner unbecoming of judicial office.
TimesLIVE reported that the complainant said during her time as chair, she pushed through the settlement of claims worth about R59m for companies in the Siyaya group, owned by Makhensa Mabunda, and on terms very favourable to the group.
Mabunda was politically connected to former Prasa CEO Lucky Montana, who the state capture commission's report has recommended for prosecution arising out of tenders he awarded at Prasa.
The settlement of the claims went against legal advice from her own legal affairs division, which she sidelined, #UniteBehind alleged. In its decision, the tribunal said there was no record of the board taking a resolution to settle these claims.
The tribunal found Makhubele guilty of gross misconduct in parts A and B of the complaint.
Before considering the matter, the commission — constituted without the MPs — called for written representations from Makhubele and #UniteBehind — and both parties filed representations.
Makhubele denied the allegations in the complaint and alleged that Gauteng judge president Dunstan Mlambo had consented to her starting her appointment as a judge in April 2018 rather than her official appointment date of January 1 2018.
The tribunal had found that Makhubele's version that Mlambo had agreed she would not commence her duties as a judge on January 1 2018 was most unlikely.
'In the commission's view, the facts set out in the tribunal's report clearly support the conclusion that judge Makhubele is guilty of gross misconduct in respect of the allegations set out in Part A,' the commission said in its report on Friday.
The commission also found the evidence on which Makhubele was found guilty in terms of Part B clearly established gross misconduct in the form of dishonesty.
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