Judge Nana Makhubele Faces Rare Impeachment for Misconduct Over Dual Role as Judge and PRASA Board Chair. Image: Masego Mafata/GroundUp
(The Post News)- Gauteng High Court Judge Nana Makhubele has been found guilty of serious misconduct for chairing the Passenger Rail Agency of South Africa (PRASA) board while simultaneously serving on the bench.
This misconduct has triggered the start of impeachment proceedings, marking a rare move in South Africa’s post-apartheid judiciary.
Makhubele was investigated for misconduct after it emerged that she served as a judge while simultaneously chairing the board of the Passenger Rail Agency of South Africa (PRASA), a government-owned entity.
She faces allegations of promoting corruption and enabling state capture during her tenure leading the agency.
Following the Judicial Service Commission’s finding of gross misconduct, Makhubele could become only the third judge in South Africa to face impeachment since the advent of democracy.
The case against her arose after a complaint from the civil society group #UniteBehind, which argued that Makhubele violated the principle of separation of powers by holding judicial office and chairing the PRASA board at the same time.
Makhubele defended herself by stating that although the president appointed her in January 2018, she had not yet been sworn in as a judge and was therefore not officially holding judicial office during that period.
Additionally, she is accused of involvement in state capture through her support of PRASA contractor Siyaya amid corruption allegations.
The matter has now been referred to the Speaker of Parliament to initiate impeachment proceedings.
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