Judicial Conduct Tribunal finds Gauteng Judge Tintswalo Makhubele guilty of misconduct

JOHANNESBURG - The Judicial Conduct Tribunal chaired by retired Judge President Achmat Jappie has found suspended Gauteng judge, Tintswalo "Nana" Makhubele guilty of misconduct. 

This follows a complaint by organisation Hashtag Unite Behind in 2019 that Makhubele violated the separation of powers principle by occupying dual membership as a chairperson of PRASA and a judge.

In October 2017, Makhubele’s appointment as chairperson of the interim board at PRASA was approved by Cabinet.

However, she would then be appointed by the president as a judge in November of that same year.

During the hearings, Makhubele said that the date of her commencement date as a judge was under dispute.  

In part A of the complaint, the tribunal found that Makhubele’s evidence that she communicated with Gauteng Judge President Dunstan Mlambo that she would not be able to commence with her duties on 1 January 2018 unlikely.

It further found that Makhubele's alleged allegiance to the water tribunal and the need to finalise outstanding matters as an advocate was also unconvincing, unreliable and improbable.

The judicial body added that, on the credible evidence, Makhubele failed to inform Mlambo of her appointment in the executive and that was the reason why she could not commence with her duties as a judge on the date specified by the president.

The tribunal’s findings will now be considered by the Judicial Service Commission and could lead to her impeachment.