Judge Makhubele disputes Mlambo's evidence on when she took office

JOHANNESBURG - Pretoria High Court Judge Tintswalo Makhubele told the Judicial Conduct Tribunal presiding over her gross misconduct hearing that contrary to Judge President Dunstan Mlambo’s previous evidence, she was not expected to take office on 1 January 2018. 

Makhubele is accused of occupying the position of judge and interim chair of the PRASA board at the same time.

Central to the matter is when she officially became a judge.

The complainant, lobby group Unite Behind, said this was on 1 January 2018 in terms of the original announcement confirming her appointment, as does Mlambo.

The president subsequently agreed to defer the assumption of her duties to 1 June 2018, though, and she maintains that she only became a judge then, some three months after she resigned from PRASA in March.

During his evidence, Judge President Dunstan Mlambo told the tribunal that Judge Tintswalo Makhubele was supposed to take office on 1 January 2018 but then didn’t pitch to take the oath.

Makhubele, who finally took the stand herself on Thursday, said they met in December and agreed she would only start on 1 April though.

"So on this day, the last day of term or a day before end of term, that's when he showed me that envelope with certificates - appointment certificates - and he said to me: 'I’m not giving you this certificate because it’s invalid, I’m taking it back to have a new date.'"

Earlier on Thursday, she also indicated that she would be disputing evidence Mlambo gave around communications between the two and wanted both their cell phones submitted for forensic analysis against this backdrop.

The hearing has now wrapped up for Thursday and is set to resume on Friday.