First judge to face state capture impeachment

Judge Nana Makhubele has become the first judicial officer to face impeachment over allegations she was heavily involved in state capture corruption, according to legal writer Karyn Maughan in a Business Day report. The gross misconduct complaints levelled against Makhubele in December 2018 by social-justice coalition Unite Behind are to be referred to a Judicial Conduct Tribunal for investigation. The Judical Services Commission has also advised President Cyril Ramaphosa to suspend her pending the finalisation of the complaint. Maughan’s Business Day report notes Makhubele served as chair of the interim board of Prasa after accepting her appointment to the Bench. A Gauteng High Court judge who was appointed to the Bench by then President Jacob Zuma in late 2017, she testified at the Zondo Inquiry into State Capture that she saw no conflict with these dual roles, as she did not believe her position as chair could be called ‘a huge responsibility’. She was implicated in serious wrongdoing during her time at Prasa – which was the subject of multi-billion rand looting – by the utility’s head of legal, risk and compliance Martha Ngoye, Advocate Francois Botes, Prasa legal head Fani Dingiswayo and Zackie Achmat of Unite Behind. The judge faces damning claims that she tried to unlawfully interfere and stymie litigation between the rail agency and Siyaya Rail Solutions, a goods and rail services provider that allegedly received millions in contracts from Prasa without valid contracts being in place. Makhubele’s conduct in that saga saw Judge Neil Tuchten ruling in November 2018 that she ought not to undertake any judicial duties until she clears her name of the allegations against her. She responded by lodging a gross misconduct complaint against Tuchten, in which she accused him of racism and sexism. Her complaint was dismissed.

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