Claims against Makhubele could constitute gross misconduct, JSC

Members of the Committee of the Judicial Conduct Tribunal unanimously hold the view that allegations against suspended Judge Tintswalo Makhubele could constitute gross misconduct.

This is revealed in the tribunal’s report penned to the Judicial Service Commission (JSC) on a complaint filed that civil society organisation, #UniteBehind, has filed.

The organisation alleges that Makhubele violated the separation of powers principle by being both a judge and chairperson of the PRASA board.

It alleges that she also advanced corruption and state capture.

In the 13-page report, the Tribunal found upon assessing the evidence before it, that her version of events to the body was, among other things, “deliberately misleading and unambiguously insufficient”.

The Tribunal further noted that during cross-examination, the suspended Judge “did not fare any better”.

All eyes are now on the JSC who will consider the findings.

If the JSC finds suspended Judge Makhubele guilty of gross misconduct,  the matter would have to be sent to the National Assembly for a vote where two-thirds is required for impeachment.

The Judicial Conduct Tribunal is also tasked with probing sexual harassment allegations against Judge President of the Eastern Cape Division of the High Court, Selby Mbenenge. The probe begins in Johannesburg today.

Judicial Tribunal probing allegations of sexual harassment against a Judge President to start: