Legal Battle Over Impeachment of Suspended Judge
Suspended Gauteng High Court Judge Nana Makhubele has initiated a legal battle to prevent the Parliament from proceeding with her impeachment. She has filed a court application to set aside the findings of gross misconduct that led to her suspension and is seeking an interdict to halt the parliamentary process.
Makhubele was found guilty by the Judicial Conduct Tribunal (JCT) and the decision was endorsed by the Judicial Service Commission (JSC). She claims that the rulings were unlawful and that her evidence and documents were largely ignored during the proceedings.
In addition to challenging the JCT and JSC decisions, Makhubele has applied for an urgent interdict to stop the Speaker of the National Assembly from continuing with the parliamentary processes that could lead to her impeachment. This move comes as she prepares to review the official records of the tribunal hearing and the JSC deliberations.
Allegations Against Makhubele
The charges against Makhubele include allegations that she chaired PRASA while serving as a judge and signed off on questionable deals. She denies these claims, stating that she did neither of these actions.
The complaint against Makhubele was initially brought by #UniteBehind, a civic organization, in 2019. She was suspended in November 2020 and has continued to receive full pay. If impeached by Parliament, which requires a two-thirds majority, she would lose all her benefits, including a lifetime salary.
Makhubele has attempted to delay the tabling of the JSC report to the National Assembly, citing her intention to launch the review application. However, the Speaker declined her request, and there has been no response to her recent communications regarding the matter.
Legal Challenges and Concerns
Makhubele’s legal team has raised concerns about the impartiality of the process. She argues that Parliament should be cautious about making a decision that is already under court review. Even if she succeeds in the review application, she believes the outcome would be meaningless if the National Assembly proceeds with her impeachment.
She emphasized that the prejudice caused by the impeachment process is irreversible. The President has no discretion but to remove a judge after the National Assembly adopts a resolution to do so.
Makhubele also highlighted the irregularities in the JSC’s processes, claiming that the State Attorney failed to properly implement the legal funding agreement. Her legal team withdrew due to this failure, and she has drafted the review application without any legal assistance.
Key Issues in the Review Application
The issues raised in the review application are significant for all judges and the administration of justice. One key issue is whether a recommended candidate is deemed a judge even before taking an oath of office. Additionally, Makhubele submitted that #UniteBehind’s complaint had not been thoroughly investigated, with the JSC placing the burden of summoning or presenting evidence on her.
The interdict application has been scheduled for hearing on 24 March, and both the JSC and #UniteBehind are expected to oppose it.
Conclusion
The case of Nana Makhubele highlights the complex interplay between judicial conduct, parliamentary procedures, and legal challenges. As the legal battle continues, the implications for the judiciary and the administration of justice remain significant. The outcome of the review and interdict applications will have far-reaching consequences, not only for Makhubele but for the entire judicial system in South Africa.
