Judge Makhubele’s testimony postponed after wrangle over evidence leader

Judge Tintswalo Makhubele was expected to answer to allegations of misconduct during her time as the board chairperson of Prasa.

A YouTube screengrab of Judge Tintswalo Makhubele at the state capture commission of inquiry in Johannesburg on 3 August 2020.

JOHANNESBURG - Deputy Chief Justice Raymond Zondo on Monday postponed judge Tintswalo Makhubele’s appearance before the state capture commission of inquiry to Wednesday after her lawyer Mxolisi Nxasana withdrew.

Nxasana’s move came after his client requested a postponement and for evidence leader advocate Vas Soni to recuse himself.

Initially, Zondo dismissed the request but after a long debate, he granted the application.

Makhubele is expected to answer to allegations of misconduct during her time as the board chairperson of the Passenger Rail Agency of South Africa (Prasa).

Makhubele came before the commission on Monday prepared to say nothing, and she succeeded.

“I’m just a simple girl but I occupy the position of a judge. I’m not an ordinary person. I think the argument would be your rules, you did anticipate to deal with judges or people who will be occupying high offices to appear before you, but they don’t make provision,” she said.

Nxasana - a former head of the National Prosecuting Authority (NPA) - asked for a postponement and lost. He then asked for Soni to recuse himself, only to withdraw after a two-hour adjournment to prepare his argument.

Makhubela had accused the evidence leader of telling untruths about her and bias.

Zondo postponed the hearing to Wednesday evening and it seems Makhubele has won again.

“It’s just regrettable that we will waste time with a withdrawal application. But if you are inclined without making any finding, [you can] release advocate Soni and put someone else in his position,” Makhubele said.

Zondo responded: “You are right. That’s why I factored that option in, maybe let another member of the legal team to take over from Mr Soni for purposes of leading your evidence and questioning you.”

WATCH: State capture commission proceedings

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