Makhubele refused to resign from Prasa, Tribunal hears

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An affidavit read out to the Tribunal reveals that suspended Judge Tintswalo “Nana” Makhubele allegedly refused to resign from her position at State-Owned Entity, Prasa, despite two senior judges persuading her to do so.

Makhubele was under cross-examination in the continuation of the Judicial Conduct Tribunal probing allegations against her.

The affidavit of Gauteng Deputy Judge President Aubrey Ledwaba was thrust into the spotlight at the Judicial Conduct Tribunal probing allegations that suspended Judge Makhubele occupied dual positions of Judge and board chair of Prasa. The affidavit explains how the senior judge and head of the court, Judge President Dunstan Mlambo queried her appointment at Prasa.

“The Judge President informed her that he was concerned about her acceptance of the appointment as the chairperson of Prasa knowing that she had been appointed as a judge. I tried to persuade her to resign immediately, she said she will not resign as the chairperson of Prasa because she does not want to disappoint the minister,” says Adv Dorian Paver, evidence leader.

Makhubele denied the allegation in the affidavit which corroborates Gauteng Judge President Dunstan Mlambo’s evidence under oath on the January 2018 meeting with Makhubele.

This led to the evidence leader probing why two senior judges would under oath say that there was a meeting in mid-January 2018 to stop her from her involvement in Prasa, to which Makhubele responded.

“The question…should also be extended to me because I have also taken the oath to tell the truth here. Judge Ledwaba did not testify here so I cannot answer about what he has written in his affidavit,” says Makhubele.

The question was put to Makhubele again.

“I am sorry to say this to you, you are evasive. My question wasn’t whether you were telling the truth or anybody else, what I am saying is can you offer any plausible explanation on why two senior judges of the Gauteng division should perjure themselves to say you had a meeting with them in the second week of January 2018 where your job at Prasa was raised and they tried to persuade you to stop doing what you were doing,” says Paver.

Makhubele told the Tribunal she did not know why the senior judges of the Gauteng division would make those statements. The Tribunal continues on Friday.

Video: Makhubele tells Tribunal she was recommended as a judge but was not confirmed as one: