Publications
Partners
- An application to postpone proceedings to the end of February was denied in Judge Makhubele's conduct inquiry hearing.
- This comes after the tribunal had adjourned on Monday after Makhubele's legal representatives said they had only been briefed last week.
- The hearing has been marred by several delays related to disputes over the payment of Makhubele's R3-million legal fees.
The conduct inquiry into Judge Nana Makhubele heard yet another application on Wednesday to postpone proceedings, according to GroundUp.
The tribunal had planned to hear evidence from Makhubele this week, but she claimed she had not had sufficient time to prepare.
After hearing arguments from Makhubele, the tribunal ruled that the hearing would proceed on Thursday at 11:00 to hear evidence from her.
This is despite Makhubele indicating that she plans to launch an urgent application in the High Court to postpone the hearings.
Makhubele is facing a complaint from #UniteBehind that she was board chairperson of the Passenger Rail Agency of South Africa (Prasa) while also a sitting judge. She has also been implicated in corruption at Prasa, allegedly using her influence to further the interests of private company Siyaya.
READ | Tribunal rejects postponement of Judge Makhubele's hearing
The tribunal had adjourned on Monday after Makhubele's legal representatives said they had only been briefed last week and would only be available to represent their client in February.
Makhubele had asked for a postponement to the end of February, but this was denied.
The hearing is taking place in the Southern Sun Hotel in Rosebank, Johannesburg. It is also being broadcast live.
At the hearing on Wednesday, Makhubele was represented by advocate Matshepo Mobeng on behalf of the State Attorney.
ALSO READ | Zackie Achmat and Zukiswa Vuka: Stop Judge Makhubele from milking the state and delaying justice
Mobeng told the tribunal that she had instructions to launch an urgent application in the High Court to interdict the tribunal from proceeding until issues surrounding Makhubele's legal representation were resolved.
The State Attorney has committed to paying Makhubele's legal fees, amounting to more than R3 million, but her lawyers have been in a dispute with the State Attorney's office over the payment. This has caused several delays.
Tribunal member Judge Stanley Moshidi expressed frustration with the continued delays.
He told Makhubele:
Tribunal chair Judge President Achmat Jappie said that the tribunal would proceed regardless of the pending High Court application, and asked Makhubele to decide whether or not she would like to present evidence.
Makhubele at first said that she needed guidance from a legal representative, but later said she would be happy to proceed giving evidence without legal counsel.
However, she added that she would need until Friday to prepare herself.
After discussing with the other tribunal members, Jappie ruled that the matter would stand down until 11:00 on Thursday 25 January.
