Suspended Judge Tintswalo Makhubele has submitted that she had indicated to Gauteng High Court Judge President Dustan Mlambo that she would only commence with her judicial duties on April 1, 2018. Makhubele was scheduled to begin her work as a Gauteng High Court Judge on January 1, 2018, after then-President Jacob Zuma confirmed her appointment the previous year.
Makhubele is appearing before the Judicial Conduct Tribunal in Rosebank, Johannesburg. This comes after civic organisation, #UniteBehind lodged a formal complaint against her in 2019.
The organisation alleges that Makhubele violated the separation of powers principle by being both a judge and chairperson of Prasa. However, while giving testimony, Makhubele says she relayed her decision to commence her duties to Mlambo prior to the Judicial Service Commission (JSC) interviews in October 2017.
This, despite her testimony yesterday that she had informed the judge president in December 2017. The Chairperson of the Tribunal, retired Judge President Achmat Jappie, probed Makhubele on the series of events.
Jappie says, “Do I understand what your saying is? You in fact told Judge Mlambo that you will not be able to commence if you are appointed before March 2018. Did you tell Judge Mlambo that, or did you not? Makhubele said our discussion was that I would not be able to commence before April, and then that is where the date of April 1 comes from. Jappie asked: Was this the discussion that you had before the JSC interviews? Makhubele, that is correct.”
