Suspended Judge Tintswalo Makhubele has stated in her testimony that she did not intentionally apply for a position as Chairperson of the Passenger Rail Agency of South Africa (Prasa) but instead handed her CV to a neighbour. Makhubele was probed in connection to a complaint launched against her by civic organisation #UnitedBehind.
She is being accused of breaching the separation of powers principle by being both a judge and the chairperson of a state-owned entity.
However, Makhubele insists she was not aware of her appointment to the Prasa Board. She delivered her testimony before the Judicial Conduct Tribunal in Rosebank, Johannesburg.
Makhubele has sought to explain how she came to allegedly occupy a position as a judge and as chairperson of state-owned company, Prasa.
On Thursday, she submitted before the tribunal that she did not violate the separation of powers principle, saying she had not commenced her duties on the stipulated date of 1 January 2018, a stance that was understood by her seniors. In proceedings on Friday the suspended judge claimed she, in fact, did not apply for the position of chairperson at Prasa.
Makhubele: He said to me the Minister of Transport, who by the way I don’t know, I never met him, he is under pressure to appoint boards for all the entities that fall under him, would you be interested? I said to him, I think I’m done with practice and I’ve already filed my application to the JSC and if I’m interviewed and I’m successful I’d rather be a judge. So, if it’s not going to be longer than three months, you can take my CV.
Makhubele further stated that she only considered the position as Prasa chairperson on the understanding that it would be over the period of three months. Makhubele testifies that she had made then Minister of Transport Joe Maswanganyi aware that she would only be able to take up the position as chairperson at Prasa for the period.
Makhubele: Then I received a letter from the Department of Transport, then I spoke to them, I spoke to the Minister to say look I’m still waiting for feedback from the recommendations from the JSC because by then there were no appointments yet. And that if I’m appointed and if I were to go and do this, I only have three months. I can stay until March and that was the understanding with the minister.
Makhubele also submitted that she had indicated to Gauteng High Court Judge President, Dustan Mlambo, that she would only commence with her judicial duties on 1 April 2018. Makhubele was scheduled to begin her work as a Gauteng High Court Judge on 1 January 2018 after then President, Jacob Zuma confirmed her appointment the previous year.
Whilst 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 on Thursday that she had informed the Judge President in December 2017. Chairperson of the Tribunal, retired Judge President, Achmat Jappie probed Makhubele on the series of events
Jappie : Do I understand, what you are saying is that you in fact told Judge Mlambo that you will not be able to commence if you should be appointed before March 2018. Did you tell Judge Mlambo that, or did you not?
Makhubele: Our discussion was that I will not be able to commence before April and then that’s where the date of 1 April comes from.
Jappie: And that is the discussion that you had before the JSC interviews?
Makhubele: That’s correct.
The matter has been adjourned until 7 February. Report by Zara Groenewald
