Judge Makhubele wraps up her evidence, denies misconduct claims against her at tribunal
On Friday, Judge Tintswalo Makhubele was adamant that the concessions made by the parastatal’s legal team affected their ability to defend claims from corruption linked contractor Siyaya.
On 25 January 2024, Judge Tintswalo Makhubele gave evidence at the Judicial Conduct Tribunal investigating allegations of gross misconduct against her. Picture: X/@OCJ_RSA
JOHANNESBURG - Embattled Pretoria High Court Judge and former interim board chair of the Passenger Rail Agency of South Africa (PRASA), Tintswalo Makhubele is adamant that the concessions made by the parastatal’s legal team affected their ability to defend claims from corruption linked contractor Siyaya.
Makhubele was back before the Judicial Conduct Tribunal on Friday, which is probing allegations of gross misconduct against her.
Among the allegations is that she pushed through a settlement agreement with Siyaya which was later made an order of court.
The deal would have seen PRASA lose more than R50 million had it not been rescinded.
While Judge Makhubele’s position is that the settlement followed concessions that PRASA made during an insolvency inquiry, which left them in a weakened position - previous witnesses testified that they weren’t aware of any.
In her evidence before the tribunal on Friday, she, however, stood firm, questioning how they could come to the conclusion when on their own evidence they hadn’t seen the report and transcript from the inquiry.
“I don’t know how you will deal with it because I can only argue with someone who has read the report. I don't know if your mandate is to read this report and then agree with me that there are concessions. Because with the witnesses there’s nothing they can help you with because they’ve not seen this report.”
'FINALISE' PAYMENT OF SETTLEMENT EXPLAINED
The tribunal was previously presented with an email from Makhubele where she instructed former acting CEO of PRASA Lindikhaya Zide to “finalise” the payment of the settlement.
In response, she explained what she meant:
“We all know that Zide was not in finance and if after the process - it’s ongoing. If there’s going to be any payment he will have to take whatever document and make whatever submission he makes in terms of payment procedures and finally it will be the finance that affects payment.”
She insisted he knew the process.
“He’ll attend to whatever is required to get to the stage where the person that pays - we all know it’s the CFO. I never instructed the CFO to make or the finance department to make a payment or anything like that.”
TRIBUNAL RESUMES LATE FEB
Makhubele wrapped up her evidence in chief on Friday afternoon.
Proceedings have now been set down to continue on 22 February, where the tribunal is expected to sit for two days.
The start of Makhubele’s cross-examination, meanwhile, was marked by a few tense exchanges between her and evidence leader Dorian Paver, when, for example, she remarked that he needed to assist the tribunal with regard to the way his questions were being interpreted.
“Thank you Judge Makhubele for the assistance as to what I’m required to do,” Paver remarked.