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- As a tribunal into possible gross misconduct by suspended Judge Nana Makhubele nears an end, Thabani Masuku, an advocate who represented former president Jacob Zuma, is now representing her.
- Makhubele said she wanted guidance from Masuku to lead her in re-examination.
- However, the tribunal probing allegations she authorised multimillion-rand "state capture" payments while chairperson of Prasa said the opportunity to present evidence was now closed.
Advocate Thabani Masuku has been brought in at the eleventh hour to represent suspended Gauteng High Court Judge Nana Makhubele at a Judicial Services Commission tribunal.
It is probing allegations of gross misconduct against her, including that she abetted state capture at Prasa, according to GroundUp.
Masuku has been part of former president Jacob Zuma's legal team in his many court applications surrounding arms deal-related corruption charges.
He was also a member of axed Public Protector Busisiwe Mkhwebane's legal team.
At the beginning of the inquiry, Makhubele was represented by Vincent Maleka, an advocate instructed by Mabuza Attorneys.
But both Maleka and Mabuza Attorneys withdrew following a protracted battle with the State Attorney over payment, which resulted in several delays.
Since then, she has been assisted by Mtshepo Mobeng from the State Attorney's office, although Makhubele has repeatedly, during her evidence and cross-examination said she had not properly consulted Mobeng and considered herself to be "unrepresented".
Nevertheless, Mobeng continues to sit next to Makhubele, and on Monday she addressed the tribunal.
On Monday, when it resumed after adjourning in February at the request of Makhubele, so she could call one last witness, it was placed on record advocates Masuku and Menzi Simelane, who had been briefed by the State Attorney, would only be available on Wednesday.
Makhubele wished to call a clerk from the Gauteng High Court in Pretoria as a witness.
But Mobeng told the tribunal the clerk's statement they had now received did not accord with Makhubele's version of events.
What the clerk had said in her statement differed from what "we had agreed on as being facts".
Mobeng said there was a concern Makhubele might have to cross-examine her own witness, and wanted a postponement to Wednesday so that she could take advice from her new legal team.
The tribunal refused.
READ | Tribunal probing Judge Makhubele hopes to 'be done by April this year'
Tribunal president Judge Achmat Jappie questioned why, if the witness was present and available to testify immediately, she could not be called.
"The witness will either say what Judge Makhubele wants her to say or not. And if not, that's the end of the witness."
Makhubele said she would then not call the witness.
But, she added, she still wanted an adjournment until Wednesday so Masuku could "lead her" in re-examination on issues raised during her cross-examination.
The tribunal refused this request as well.
Jappie said she had closed her case, and no other evidence would be heard.
Makhubele then asked for a day to collate documentation to submit to the tribunal.
Jappie said if she wished to bring anything to the tribunal's attention, she could do so in her written closing arguments, with documentation attached.
He noted the evidence leaders had closed their case in July last year and it could not be allowed to "go on and on".
"I only started giving evidence this year in February," responded Makhubele.
She added:Jappie previously stated he wanted to report to the Judicial Service Commission with the tribunal's findings by April.
On Tuesday, the parties will sort out the record and set dates for the filing of heads of argument and oral argument.
Makhubele is facing possible impeachment following a complaint by #UniteBehind that not only did she sit as a judge at the same time she was chairperson of the Prasa interim board, but she had also involved herself in state capture in connection with matters involving the Siyaya group of companies, in that she authorised, in an alleged "secret settlement deal", payments from Prasa to Siyaya for about R50 million.
After Makhubele left the state-owned enterprise, Prasa brought court proceedings to set aside the Siyaya deal.
She has denied all the allegations against her.
