of holding the position of a high court judge, from 1 January 2018, while at the same time serving as chairperson of the Passenger Rail Agency of South Africa , from 19 October 2017 to 16 March 2018, in breach of the separation of powers principle.The Tribunal began by addressing Judge Makhubele’s objection to #UniteBehind’s participation in the Tribunal hearing, first raised during the pre-trial proceedings in November last year.
Judge President Jappie, chair of the Tribunal, said #UniteBehind would be allowed to pose questions to witnesses on a case-by-case basis where they feel an issue was not addressed by the evidence leader, advocate Elaine Zungu. Zungu listed the witnesses to be called to give evidence at the Tribunal, including corruption-bustersJudge President Dunstan Mlambo of the Gauteng Division of the High Court was the first witness called to give evidence. He revealed that Judge Makhubele had not disclosed that she was the Prasa board chairperson at the time she was appointed as a judge of the high court.
At this time, Judge Mlambo said there were a number of matters in the Gauteng Division of the High Court involving alleged corrupt activities at Prasa. Judge Mlambo said he also expressed in the email that, once appointed, judges must “resign from or wind down” all work carried out in their private capacity before 1 January 2018.Judge Mlambo said that Judge Makhubele confirmed her placement by email, but asked that her commencement date of 1 January 2018 be deferred. She said that she had to fulfil other duties, including her chairing of the Water Tribunal, before taking up her position.
“Referring the matter to the JSC did not cross my mind,” he said. Judge President Mlambo also told the Tribunal that this was the first time in his tenure that a newly appointed judge had not been able to start work on the set date.
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