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In a decisive moment for the South African judicial system, Judge Tintswalo Annah Nana Makhubele is finally offering her testimony to the Judicial Conduct Tribunal regarding her dual role as the interim board chairperson for the Passenger Rail Agency of South Africa (PRASA) and her position as a judge in the Gauteng High Court.
The Tribunal, established due to concerns raised by advocacy group #UniteBehind, scrutinizes the potential conflict of interest and examines Makhubele’s alleged influence to advance private company Siyaya's interests using her PRASA position.
Delays have shrouded the process, initially slated for June 2023 but postponed due to disputes over legal fees and Makhubele's counsel's availability. A recent attempt by Makhubele to halt proceedings via a high court application was unsuccessful, leading to her self-representation on Thursday.
The heart of the matter resides in the precise timeline of Makhubele's judicial appointment versus her PRASA role cessation. Makhubele contends she was proactive in communicating her intentions to assume judicial duties in April 2018, providing correspondence with Judge President Dunstan Mlambo as evidence to dispute claims to the contrary made before the tribunal in February 2023.
Makhubele's self-representation articulated a narrative of vilification, where she stands accused of arrogance and employing delay tactics. She challenges these allegations, underlining her dedication to judicial integrity, and claiming that the protracted tribunal duration is not solely her responsibility.
As Makhubele continues her testimony, the tribunal navigates a labyrinth of legal intricacies and public condemnation in a bid to uncover truth and establish precedence in South African judicial conduct.
The hearing, broadcast live from the Southern Sun Hotel in Rosebank, Johannesburg, signals a critical juncture for understanding the boundaries between public service roles and judicial responsibilities.