Suspended judge Makhubele explains how she landed Prasa job

Suspended Judge Tintswalo Makhubele told Judicial Conduct Tribunal that she did not apply for the position of Chairperson of the Board of state-owned entity Prasa.

The tribunal chaired by Judge President Achmat Jappie is investigating allegations of gross misconduct against Makhubele, who’s accused of occupying the position of interim chair of the Prasa board while sitting as a judge from 1 January 2018.

Leading her own evidence at the tribunal, Makhubele contradicted Gauteng Judge President Dunstan Mlambo’s testimony over her appointment as Prasa board chairperson while appointed as a judge.

Prasa job

Makhubele stated she did not intentionally apply for a position as chairperson but instead handed her CV to a neighbour Mr Chauke who in September 2017 told her the minister of transport was under pressure to finalise the boards of 13 SOEs under his department.

“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 said she had no idea who chauke gave her CV to and the first she heard of her appointment to the Prasa board was when she received congratulatory messages from friends and colleagues following a media announcement.

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Mlambo discussions

Makhubele added she had discussions with Mlambo on the date of her appointment began prior to her interview with the Judicial Services Commission (JSC) for the position, according to GroundUp

Makhubele said she told Mlambo that if she was appointed, she needed to give three months notice to the water tribunal on which she served, and needed to tie up outstanding court matters, including a Constitutional Court hearing in which she was involved.

According to her, Mlambo said her position on the water tribunal was not in conflict with her possible appointment as a judge.

Judge Jappie raised Mlambo’s testimony that he’d called her to a meeting also attended by the Deputy Judge President in mid-January to discuss her position on the Prasa board. According to Mlambo, this was the first time her position on the SOE’s board was discussed.

Makhubele denied this, saying there were no media reports on the issue at that point, and that she never met Mlambo in mid January. She said she had met Mlambo at his chambers on 14 December 2017, and did not meet him again until 30 January 2018.

Legal woes

Makhubele is between a rock and a hard place at the tribunal saying she was “struggling” representing herself.

Makhubele was previously represented by Advocate Vincent Maleka – instructed by Mabuza Attorneys. But they withdrew and on Monday complained about unpaid the R3m legal bill to be footed by taxpayers.

Her threats to interdict the hearing to halt the proceedings should it continue dissipated as the panel insisted that the hearing should wrap up by Friday.

With Advocate Vincent Maleka absent, Makhubele arrived with lawyer Matshepo Mobeng from the Johannesburg office of the State Attorney.

Lobby group #UniteBehind laid a complaint against Makhubele, accusing her of violating judicial ethics and causing a conflict of interest when she took over as chairperson of the Prasa board in 2017 while she was a high court judge.

Makhubele also faced misconduct allegations for her involvement and alleged disruption of the Siyaya Rail Solutions’ litigation against Prasa.

The Siyaya matter saw her dragged before the Commission of Inquiry into State Capture, chaired by Chief Justice Raymond Zondo, where she unwillingly delivered oral evidence and denied any wrongdoing.

The matter has been adjourned to 7 February when the venue becomes available.

Additional reporting by Getrude Makhafola

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