Gauteng Judge Makhubele to challenge JSC misconduct finding
Gauteng High Court Judge Tintswalo Makhubele has filed an urgent application to challenge a Judicial Service Commission ruling.
In August last year, the JSC found her guilty of gross misconduct, a decision that could have led to her removal from office.
Judge Makhubele is now seeking to have the JSC’s decision reviewed and set aside, arguing that the commission acted unlawfully, unreasonably, and failed to properly consider the facts and applicable law.
She also challenges the procedures of both the Judicial Conduct Tribunal and Committee, saying they did not comply with legal or constitutional requirements and included allegations that were not part of the original complaint.
The tribunal found Judge Makhubele guilty of holding dual positions, serving as a judge while also chairing the state rail agency Prasa, and improperly interfering with the agency’s operations.
These findings were then referred to the JSC, which could recommend her removal from office to Parliament.
Judge Makhubele’s application further argues that she carried no burden of proof, a factor she says the JSC failed to consider in reaching its decision.
The Judicial Service Commission is expected to make its rulings on both matters in the coming days.
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