Tribunal finds Judge Makhubele acted improperly during her stint as PRASA chair

JOHANNESBURG - The judicial Conduct Tribunal investigating allegations of gross misconduct against suspended judge, Tintswalo Makhubele has found that she acted improperly during her stint as chairperson at Passenger Rail Agency of South Africa (PRASA) and that her conduct was unbecoming of a judge. 

The judicial body heard evidence of how Makhubele sidelined PRASA's legal department and had covert meetings with corruption accused, Siyaya’s counsel, advocate Francois Botes.

The tribunal notes that while Makhubele disputed the allegations, she presented no counter-evidence and when Makhubele was asked to provide a report on the matter by then transport minister, Joe Masangwanyi, she abruptly resigned and did not produce it. 

READ: Judicial Conduct Tribunal finds Gauteng Judge Tintswalo Makhubele guilty of misconduct

Part b of the complaint against the disgraced judge relates to her conduct as the interim chairperson at PRASA. 

The tribunal has found that her evidence was problematic, inconsistent and amounted to a bare denial in the face of vastly credible evidence. 

Makhubele is alleged to have settled four claims with Siyaya which was in litigation with PRASA at the time without the knowledge of the legal department at the state-owned company.  

The tribunal emphasises that it remains unknown who mandated Makhubele to settle the Siyaya claims and allow a default judgment to be taken against PRASA. 

It is, therefore, the unanimous view of the tribunal that Makhubele acted in breach of the Judicial Service Commission Act.