Judge Makhubele Defends Integrity at Misconduct Tribunal Amidst Controversial Prasa Dual Role Allegations

Suspended Gauteng High Court Judge Nana Makhubele displayed resilience and determination as she took the stand at the Judicial Conduct Tribunal, contesting allegations of misconduct that have stained her reputation and risk her impeachment. Representing herself due to the unavailability of her legal team until the end of February, which led to the tribunal's refusal of a postponement, Judge Makhubele vehemently maintained her innocence amid accusations posed by the civil society organization UniteBehind. The allegations suggest she breached the principle of separation of powers by holding positions simultaneously as a judge and as the chairperson of the state-owned company, Passenger Rail Agency of South Africa (Prasa).

Firmly denying any wrongdoing, Judge Makhubele articulated that by the time of her appointment to the bench, she had resigned from Prasa's board. She confronted claims from Gauteng High Court Judge President Dunstan Mlambo, who earlier testified that she had shirked his directives and neglected her judicial swearing-in responsibilities. Casting doubt on Judge Mlambo's allegations, Judge Makhubele proposed a forensic investigation of her electronic devices to substantiate her stance — an offer that emphasizes her confidence in the veracity of her account over Judge Mlambo's.

The tribunal also heard Judge Makhubele outline her personal journey from humble beginnings to the high esteem in which she claims to have been held before these proceedings began. Addressing criticisms of her conduct and handling of the tribunal's schedule, the judge cited logistical challenges faced while self-representing and pushing back against being branded as an arrogant figure seeking to evade accountability. One pivotal inquiry that looms over the tribunal is whether Judge Makhubele received financial compensation from Prasa during her tenure as a judge.

As the tribunal continues, the judiciary and the public alike watch closely to see whether Judge Makhubele's defense will hold up against the serious claims lodged against her, and what implications the outcome will have on the integrity of the South African judicial system.