Strong prima facie evidence that Makhubele's conduct at PRASA amounts to criminal conduct - evidence leaders

JOHANNESBURG - Evidence leaders at Judge Tintswalo Makhubele’s Judicial Conduct Tribunal say there’s prima facie evidence that her conduct during her time at the SA Passenger Rail Agency (PRASA) fell foul of the law.

The tribunal is probing various claims of gross judicial misconduct against Makhubele, including that while she was chair of the interim board of PRASA, she pushed through a secret settlement agreement with state-capture implicated contractor, Siyaya, which almost cost the state rail agency more than R50 million.

And in closing arguments on Friday, Advocate Dorian Paver, for the evidence leaders, said on a reading of the evidence before the tribunal that Makhubele’s conduct in fact brought her within the scope of the sanctions contained in the Public Finance Management Act in relation to financial misconduct.

"Moreover, we respectfully submit there was strong prima facie evidence that her conduct amounts to criminal conduct in contravention of the provisions of section 86 of the act."

Paver said that through Makhubele’s "unauthorised conduct" that PRASA not only incurred fruitless and wasteful expenditure but also suffered a financial crisis in March 2018, pointing to the seizure of the settlement monies.

"That they were not lost to the public purse is no thanks to Madame Justice Makhubele. Had it not been for the action of the sheriff in holding the monies attached in his bank account, it would have been lost."