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Judge Nana Makhubele Faces Tribulations at Conduct Inquiry Amid Court Postponement Efforts

Published January 25, 2024
1 years ago

The unfolding events of the conduct inquiry against Judge Nana Makhubele have taken a significant turn this week. Despite efforts to stave off proceedings, the tribunal decided to push forward, adamant that evidence from Makhubele will be heard as scheduled. The highly anticipated inquiry centers on allegations that Judge Makhubele compromised her judicial integrity through her concurrent role as board chairperson of the Passenger Rail Agency of South Africa (Prasa) and an alleged association with corruption therein.


Makhubele, who is accused by civic organization #UniteBehind of undue influence in favor of the controversial Siyaya deal, has been combatting a myriad of legal and procedural challenges. A notable figure in legal circles, her current situation brings into question the balancing act between judicial responsibilities and other professional commitments.


The emergent issue that led to this week's demands to postpone stemmed from a perceived lack of preparation time, a contention Makhubele felt strongly enough to possibly put to the high court. She has indicated intentions to file an urgent application to halt the tribunal indefinitely until a resolution about her legal representation is reached. Advocate Matshepo Mobeng, acting for Makhubele, echoed her sentiments before the tribunal, emphasizing the challenges they face amidst the ongoing fee disputes with the State Attorney's office.


Despite the to-and-fro, the tribunal showed little interest in furthering any postponements. When the proceedings resumed on Wednesday, Tribunal member Judge Stanley Moshidi voiced his exasperation with the constant setbacks, stressing the non-adversarial nature of the inquiry. Tribunal chair Judge President Achmat Jappie was unmoved by Makhubele’s urgent application threat, insisting that the hearing pushes forward.


More than the evident procedural wrangling, the heart of the matter lies in the ethics of Judge Makhubele's actions during her time associated with Prasa. The engagement with Siyaya—a company that allegedly benefitted from her position—casts a shadow on her impartiality, a cornerstone of judicial conduct. As a public sector entity, Prasa's intertwinement with judicial members like Makhubele evokes a critical appraisal of governance and accountability.


The live broadcast of the tribunal’s proceedings from the Southern Sun Hotel in Rosebank, Johannesburg, signifies the transparency with which the judiciary aims to handle such delicate matters. It is a clear signal to the public that the judiciary seeks to maintain its integrity by addressing any form of misconduct by its members.


By insisting on hearing Makhubele’s evidence, the tribunal illuminates a commitment to due process and judicial scrutiny. Judge Makhubele's predicament and the surrounding developments will, doubtlessly, have long-term implications for the perceived ethical conduct within South Africa's legal fraternity.


As the story develops, Satori News Agency will keep a close eye on the consequences of Makhubele's high court action, the tribunal's final findings, and the subsequent ramifications within the larger South African judiciary. The outcome may very well set a precedent for judicial conduct and the delicate balance of roles held by public officials.



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