Judge Makhubele faces possible impeachment

Chief Justice Mandisa Maya has referred the finding of gross misconduct against suspended Judge Nana Makhubele to Parliament, paving the way for possible impeachment proceedings.

This follows the Judicial Service Commission (JSC) endorsing the decision taken by the Judicial Conduct Tribunal (JCT), which found Makhubele guilty of gross misconduct.

Maya notified National Assembly Speaker Thoko Didiza of the findings by the JSC in a letter dated August 1.

“The purpose of this letter is to refer to the National Assembly a finding by the Judicial Service Commission (JSC) that Judge T.A.N. Makhubele of the Gauteng Division of the High Court is guilty of gross misconduct as contemplated in section 177 of the Constitution, to enable the National Assembly to consider the finding and make such decision as it may consider appropriate,” she wrote in her letter.

Makhubele’s troubles stemmed from complaints that were lodged by lobby group #UniteBehind arising from her appointment as the chairperson of the board of the Passenger Rail Agency of South Africa (Prasa) in 2017.

Her appointment as a judge took effect from January 1, 2018.

#UnitedBehind had alleged that she undermined the independence of the judiciary by having served in and received remuneration from Prasa in a role within the executive, after her position as a member of the judiciary came into effect.

It also alleged that Judge Makhubele failed in her duty to act honourably and to avoid the appearance of impropriety and acted in a manner unbecoming of judicial office when she was the Prasa board chairperson.

Judge Makhubele had denied the allegations leveled against her.

Maya stated that the Judicial Conduct Tribunal had found Judge Makhubele guilty of gross misconduct.

“As required by section 33 of the JSC Act, the Tribunal’s report and all the relevant documents were submitted to the JSC for its consideration.

“The JSC, sitting without members of Parliament (small JSC) and acting in accordance with section 20 of the JSC Act, invited all the parties to make submissions on the report to be considered at a meeting that was determined by the Chief Justice.”

Maya also said the small JSC considered the record and relevant submissions made by the parties at its meeting on July 3, 2025.

The JSC decided by a majority decision that Makhubele was guilty of gross misconduct charges.

“In accordance with section 20(4) of the JSC Act, I send with this letter the decision of the JSC and the material which accompanies it in terms of section 20(4) of the JSC Act, to deal with the matter in terms of section 177(1) of the Constitution,” she said in the letter.

Didiza communicated Maya’s letter in a parliamentary communiqué.

The letter is now expected to be referred to the Justice and Constitutional Development Portfolio committee for consideration.

It will be the third time in the democratic dispensation, since 1994, that Parliament handles the issue of gross misconduct of a judge following the two cases of former judges John Hlophe and Nkola Motata.

The justice committee had recommended in February 2024 to the National Assembly the impeachment of Hlophe and Motata after they were given an opportunity to make representations.

Just like her former colleagues, Makhubele is set to be afforded the opportunity to make representations to the committee when Didiza refers Maya’s referral to the portfolio committee for consideration.

Cape Times