The JSC will decide on two key disciplinary hearings involving Judge Makhubele’s misconduct case and Mogoeng Mogoeng’s impeachment inquiry.
Key Points
- Judge Makhubele found guilty of misconduct and interference with Prasa operations.
- Retired Chief Justice Mogoeng Mogoeng faces allegations from impeached judge Hlophe.
- If endorsed, Mogoeng will be the first Chief Justice to face an impeachment inquiry.
The Judicial Service Commission (JSC) will meet on Wednesday to decide on two disciplinary hearings involving judges. One concerning the fate of Judge Nana Makhubele and the other determining whether retired Chief Justice Mogoeng Mogoeng should face a Judicial Conduct Tribunal (JCT).
Judge Makhubele Found Guilty of Misconduct
Judge Makhubele of the Gauteng High Court was found guilty of gross misconduct by a tribunal last year for holding dual positions. Serving as a judge while also acting as chairperson of the state rail agency, Prasa. The tribunal also found that she improperly interfered with Prasa’s operations. The findings were referred to the JSC for review, which could recommend her removal from office to Parliament.
Retired KwaZulu-Natal judge president Achmat Jappie chaired the tribunal. It included two other members who heard testimony from various sources, including Gauteng Judge President Dunstan Mlambo. The tribunal reviewed Makhubele’s appointment as a judge while she was also interim chairperson of the Prasa board.
In its ruling, the tribunal noted Makhubele’s combative behavior while testifying. Jappie stated that, based on the evidence presented, Mlambo’s testimony was credible. He said Makhubele’s account was misleading, leading to the conclusion that she was guilty of gross misconduct.
Mogoeng Mogoeng Faces Allegations from Impeached Judge Hlophe
In addition to Makhubele’s case, the JSC will consider whether to endorse the Judicial Conduct Committee’s recommendation to refer retired Justice Mogoeng Mogoeng to a Judicial Conduct Tribunal. This follows allegations made by impeached former judge John Hlophe. Hlophe accused Mogoeng of violating his oath of office by holding a private meeting with then-Deputy Judge President Patricia Goliath, during which Mogoeng allegedly encouraged Goliath to file a complaint against him.
Hlophe claims Mogoeng handled Goliath’s complaint in a biased manner and held a secret meeting with her concerning her accusations against him. These allegations come amid Hlophe’s own impeachment, which stemmed from accusations of judicial misconduct, including abusing his power and physically assaulting a fellow judge.
Mogoeng Denies Allegations and Upholds His Integrity
In February 2024, Hlophe became the first South African judge to be impeached after attempting to influence the Constitutional Court’s decision on search and seizure raids on properties belonging to former president Jacob Zuma.
Mogoeng has denied Hlophe’s allegations, asserting that Hlophe has failed to provide any evidence to support his claims. Mogoeng explained that his meeting with Goliath was part of his regular duties as a judicial leader and emphasized his commitment to integrity.
If the JSC endorses the Judicial Conduct Committee’s recommendation, Mogoeng will become the first Chief Justice in South Africa to face an impeachment inquiry.
