South Africa News

2nd witness expected at tribunal probing Tintswalo Makhubele misconduct allegations

The judicial tribunal probing allegations of gross misconduct against Judge Tintswalo Makhubele gets into its third day on Thursday.

Makhubele stands accused of undermining the independence of the judiciary by chairing the interim Prasa board after she was appointed as a judge.

She’s also been accused of conduct “incompatible” with judicial office and of meddling in the parastatal’s legal affairs during her time there.

The complaint against her was lodged by Unite Behind in 2019 and referred to the Judicial Conduct Committee in March 2020, following which then-Chief Justice Mogoeng Mogoeng recommended it head to a Judicial Conduct Tribunal.

After several delays, that tribunal finally got under way on Monday.

So far, the only witness called is Gauteng Judge President Dunstan Mlambo, to whose division Judge Tintswalo Makhubele was appointed.

He’s told the commission how Makhubele initially tried to conceal her acceptance of the role on the Prasa interim board from him after she was selected for the bench and of his own disappointment at learning the truth.

A key point of contention is when exactly Makhubele became a judge and thus bound by the code of judicial conduct.

Unite Behind said that it was on 1 January 2018, in terms of her original appointment.

The president subsequently deferred her start date to 1 June 2018, though, and she maintains that she only became a judge then. As a result, she said, there was no overlap between her time at Prasa and as a judge.

Mlambo’s also gave his opinion on this, effectively agreeing with Unite Behind.

On Thursday, a second witness is expected to be called. Who it will remain to be seen.

-EWN

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