Evidence leaders at Makhubele hearing brand her an 'unsatisfactory witness'

JOHANNESBURG - The evidence leaders at Judge Tintswalo Makhubele's Judicial Conduct Tribunal have described her as “a thoroughly unsatisfactory witness”.

Closing arguments got underway on Monday, with advocate Dorian Paver presenting for the evidence leaders.

Among the allegations against Makhubele is that she occupied the position of judge and chair of the interim Passenger Rail Agency of South Africa (PRASA) board at the same time.

Paver argued that her explanation for taking up both positions did not hold water.

ALSO READ: 

• Judge Makhubele wraps up testimony in protracted misconduct hearing
• Makhubele faces off with evidence leader in her misconduct hearing

"It is our respectful submission, unfortunately, we are compelled to make this submission, Judge Makhubele was a thoroughly unsatisfactory witness. She would have this tribunal believe it was not a foregone conclusion that once the JSC [Judicial Service Commission] had made its recommendation, she was destined to be appointed permanently as a judge of the High Court," said Paver.

In her testimony, Makhubele pointed to the JSC having recommended current Deputy Chief Justice Mandisa Maya for the position of Chief Justice in 2022, and the President appointing now-Chief Justice Raymond Zondo instead.

But, said Paver, at best, her understanding of the Constitution should be found wanting.

"At worst, our submission is that the inference is inescapable that she resorted to this excuse - amongst others - to explain away her failure to assume her duties as a judge when she was duty-bound to do so," he said.