Makhubele Decision Shows the Best and the Worst of South Africa

The finding of a Judicial Conduct Tribunal against Judge Nana Makhubele marks a new chapter in the long story of corruption at PRASA.

The decision by the Judicial Conduct Tribunal against Judge Nana Makhubele marks a new chapter in a long story, one which highlights both the best and the worst of South Africa as it emerges from the shadow of state capture.

The tribunal, chaired by retired KwaZulu-Natal Judge President Achmat Jappie, found that Makhubele was guilty of gross misconduct on two grounds: first because she had accepted an appointment as chair of the board of the Passenger Rail Agency of South Africa (PRASA) while she was a judge; and second, because while she chaired the board she had facilitated a large questionable payment to the Siyaya group of companies.

The tribunal’s findings – which could result in Makhubele’s impeachment – will now be considered by the Judicial Service Commission (JSC).

The corruption at PRASA led to the collapse of Metrorail, and left hundreds of thousands of commuters in the lurch for years. It preceded Makhubele’s chairmanship, but she appears to have continued it.

Yet the probe into Makhubele’s conduct has taken years to complete. Commuter activist group #UniteBehind lodged a complaint with the JSC against her in January 2019. But there were issues with Judge Makhubele securing legal representation paid for by the state and it was only in October 2020 that the JSC finally appointed a Judicial Conduct Tribunal to investigate the complaint, recommending her suspension in the meantime. Makhubele then went to court to prevent her suspension, unsuccessfully.

Then, soon after the tribunal got down to work in November 2021, tribunal President Judge Fritz Brand recused himself. It took another six months before Judge Jappie was finally appointed as Judge Brand’s replacement.

Judge Makhubele’s behaviour – and her strenuous defence of it – shows up the worst of the corruption which has plagued PRASA and the direct damage it has done to the lives of commuters. And the endless judicial delays show up the worst of our judicial system: plodding, cumbersome, inefficient.

But the outcome also shows the best of South Africa: the networks of activists who energetically and relentlessly fight against corruption on behalf of those most damaged by it. Without the persistence of #UniteBehind – and the support of their donors, as well as whistleblowers like PRASA’s Martha Ngoye – Makhubele would not have been held accountable.

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