{"id":228854,"date":"2022-06-14T20:36:13","date_gmt":"2022-06-14T18:36:13","guid":{"rendered":"http:\/\/www.groundup.org.za\/article\/judicial-conduct-tribunal-gets-new-president-for-hearing-into-judge-makhubeles-conduct\/"},"modified":"2022-06-14T20:36:13","modified_gmt":"2022-06-14T18:36:13","slug":"new-judge-appointed-for-hearing-into-makhubeles-conduct","status":"publish","type":"post","link":"https:\/\/www.myza.co.za\/press\/new-judge-appointed-for-hearing-into-makhubeles-conduct\/","title":{"rendered":"New judge appointed for hearing into Makhubele\u2019s conduct"},"content":{"rendered":"<div id=\"article_body\">\n<p><img decoding=\"async\" alt src=\"http:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2022\/06\/new-judge-appointed-for-hearing-into-makhubeles-conduct.jpg\"><\/p>\n<p class=\"caption\">The president of a Judicial Conduct Tribunal has recused himself at the request of Judge Tintswalo Annah The Judicial Conduct Tribunal has appointed a new president to preside over the hearing into Judge Tintswalo Annah Nana Makhubele\u2019s conduct. Photo from Judges Matter<\/p>\n<ul>\n<li>\n<p class=\"intro\">Retired Judge President Achmat Jappie will preside over the Judicial Conduct Tribunal hearing against Judge Makhubele, after retired Judge Fritz Brand withdrew from proceedings.<\/p>\n<\/li>\n<li>\n<p class=\"intro\">#UniteBehind lodged the complaint against Judge Makhubele about her alleged misconduct while she was PRASA\u2019s chairperson of the Interim Board of Control.<\/p>\n<\/li>\n<li>\n<p class=\"intro\">It is unclear when and where the hearing will take place.<\/p>\n<\/li>\n<\/ul>\n<p>The Judicial Service Commission (JSC) has appointed a new judge to preside over the Judicial Conduct Tribunal into Judge Tintswalo Annah Nana Makhubele\u2019s conduct.<img loading=\"lazy\" decoding=\"async\" alt class=\"leave\" height=\"1\" id=\"gu_counter\" src=\"http:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2022\/06\/new-judge-appointed-for-hearing-into-makhubeles-conduct.gif\" width=\"1\"><\/p>\n<p>This comes after retired Judge Fritz Brand, former tribunal president, chose to <a href=\"https:\/\/www.groundup.org.za\/article\/tribunal-president-recuses-himself-gross-misconduct-hearing-against-judge-makhubele\/\">withdraw<\/a> from proceedings despite correspondence in which he admitted that there were no good grounds to do so. Judge Makhubele had sent a letter to the JSC lobbying for Brand to recuse himself from the gross misconduct hearing against her.<\/p>\n<p>The Tribunal is tasked with interrogating a complaint against Judge Makhubele\u2019s conduct while she was Passenger Rail Agency of South Africa\u2019s (PRASA\u2019s) chairperson of the Interim Board of Control.<\/p>\n<p>GroundUp has been informed that retired Judge President Achmat Jappie, who headed the KwaZulu-Natal Division of the High Court will take over from Brand. Jappie will hear the matter alongside retired Judge Seun Moshidi and attorney Noxolo Maduba-Silevu.<\/p>\n<p>Elaine Zungu, an advocate and the Director of Public Prosecutions in KwaZulu-Natal, will lead the evidence against Judge Makhubele.<\/p>\n<p>The date and location of the Tribunal is yet to be confirmed, according to <a href=\"https:\/\/www.groundup.org.za\/media\/uploads\/documents\/letter_to_unite_behind_13_june_2022.pdf\">a letter on 13 June<\/a> from Kutlwano Moretlwe, secretary to the Judicial Service Commission sent to #UniteBehind, the activist organisation that lodged the complaint against Judge Makhubele.<\/p>\n<p>The organisation was critical of Brand\u2019s decision to withdraw at the time, calling it \u201cdeeply disturbing\u201d.<\/p>\n<p>#UniteBehind <a href=\"https:\/\/www.groundup.org.za\/article\/gauteng-high-court-judge-accused-impeachable-conduct\/\">submitted a complaint<\/a> to the JSC against Judge Makhubele in January 2019, accusing the judge of \u201cgross misconduct\u201d while PRASA chairperson, including allegations that she <a href=\"https:\/\/www.groundup.org.za\/article\/court-puts-breaks-r56-million-payment-siyaya\/\">interfered in the Siyaya litigation<\/a> and breach of the separation of powers principle.<\/p>\n<p><a href=\"https:\/\/www.groundup.org.za\/article\/judge-who-chaired-prasa-board-face-tribunal\/\">In March 2020<\/a>, a Judicial Conduct Committee recommended that #UniteBehind\u2019s complaint against Judge Makhubele be referred to a Judicial Conduct Tribunal for investigation, after finding that the allegations against the judge were \u201cvery serious\u201d, and that if they were proven, \u201ca finding of gross misconduct would be made\u201d.<\/p>\n<p><a href=\"https:\/\/www.groundup.org.za\/article\/makhubele-sees-no-conflict-her-appointment-judge-while-serving-chair-former-prasa-interim-board\/\">In October 2020<\/a>, Judge Makhubele appeared before the Judicial Commission of Inquiry into Allegations of State Capture (also known as the Zondo Commission), to defend her conduct while she was chairperson of PRASA. Judge Makhubele was <a href=\"https:\/\/www.groundup.org.za\/article\/judge-makhubele-is-suspended-but-still-hearing-cases\/\">suspended<\/a> by President Cyril Ramaphosa later that month.<\/p>\n<p>In April 2021, the Tribunal was established by Chief Justice Mogoeng Mogoeng.<\/p>\n<p>Judge Makhubele could face impeachment if the tribunal makes a finding of gross misconduct against her, and if the JSC upholds this finding. Her impeachment would require a two-thirds majority in the National Assembly.<\/p>\n<\/p><\/div>\n<div id=\"article_copyright\">\n<p>\u00a9 2022 GroundUp. This article is licensed under a <a href=\"http:\/\/creativecommons.org\/licenses\/by-nd\/4.0\/\" rel=\"license\">Creative Commons Attribution-NoDerivatives 4.0 International License<\/a>.<\/p>\n<p>You may republish this article, so long as you credit the authors and GroundUp, and do not change the text. Please include a link back to the original article.<\/p>\n<p>We put an invisible pixel in the article so that we can count traffic to republishers. All analytics tools are solely on our servers. We do not give our logs to any third party. Logs are deleted after two weeks. We do not use any IP address identifying information except to count regional traffic. We are solely interested in counting hits, <b>not tracking<\/b> users. If you republish, please do not delete the invisible pixel.<\/p>\n<\/p><\/div>\n<p><img decoding=\"async\" src=\"http:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2022\/06\/new-judge-appointed-for-hearing-into-makhubeles-conduct.jpg\"><a href=\"https:\/\/www.groundup.org.za\/\">Source: GroundUp<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The president of a Judicial Conduct Tribunal has recused himself at the request of Judge Tintswalo Annah The Judicial Conduct Tribunal has appointed a new president to preside over the hearing into Judge Tintswalo Annah Nana Makhubele\u2019s conduct. Photo from Judges Matter Retired Judge President Achmat Jappie will preside over the Judicial Conduct Tribunal hearing [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":228855,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","ngg_post_thumbnail":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[9928],"tags":[28001],"class_list":{"0":"post-228854","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-groundup","8":"tag-groundup","9":"entry"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2022\/06\/new-judge-appointed-for-hearing-into-makhubeles-conduct.jpg","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/228854","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/comments?post=228854"}],"version-history":[{"count":0,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/228854\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media\/228855"}],"wp:attachment":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media?parent=228854"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/categories?post=228854"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/tags?post=228854"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}