The findings of the Judicial Service Commission (JSC) on 1 August 2025 represents a critical victory for judicial independence; the accountability and integrity of judges, as well as the public trust in the judiciary in our country. The JSC has found Judge TAN Makhubele guilty on two charges of gross misconduct.
In December 2018, #UniteBehind filed a complaint against Judge Makhubele to the Judicial Service Commission (JSC) on two grounds:
(a) Judge Makhubele undermined the independence of the judiciary by having served in and received remuneration from PRASA in her role as a chairperson after her position as a member of the judiciary came into effect.
(b) Judge Makhubele failed in her duty to act honourably and acted in a manner unbecoming of judicial office during her time as PRASA’s board chairperson where she settled the Siyagena matter without a mandate from the board and acted contrary to the interests of PRASA.
#UniteBehind welcomes the JSC’s findings that Judge Makhubele’s conduct constitutes gross misconduct. It is now up to Parliament to determine whether Judge Makhubele will be held accountable for her actions and whether she will be removed from office. The JSC is expected to recommend to the National Assembly that Makhubele be impeached. #UniteBehind urges all members of parliament to vote to impeach Judge Makhubele based on her gross misconduct.
Seven years have passed since #UniteBehind laid the complaint with the JSC regarding Judge Makhubele’s unlawful and unethical conduct as interim Chairperson of PRASA’s Board of Control. This speaks not only to how long it takes to achieve justice through the courts – something we have been critical of in the past – but also of the tireless ethic and commitment required of a social movement that strives for meaningful change in our society.
This moment represents not just a legal victory for #UniteBehind, but a victory for the millions of South Africans who have had to pay the price for State Capture. This victory is one more step in a larger campaign for justice and accountability in the fight against state capture. Judge Makhubele is just one among a list of individuals who have been implicated in State Capture while at PRASA. On the 12th August, #UniteBehind is taking Parliament to court to compel it to hold implicated MP’s accountable, and to challenge their secret, unconstitutional disciplinary codes which allow them to walk away from justice.
The continued mismanagement of state funds at Prasa and the lack of accountability for those involved remains a serious concern. Parliament must protect the people, not the corrupt! Removing Judge Makhubele from office is an important step towards justice, but this is only just the beginning. We must root out corruption from every institution in our society, both our local wards and the highest offices of Parliament. Your voice and presence matters now more than ever. On the 12 of August 2025, we call on all people to join us in demanding a just and equal society, a society governed by people for people. Join #UniteBehind!
For more information, see the following article in GroundUp.
For comment:
Zukiswa Vuka, Executive Director of #UniteBehind
+27 (0)65 822 5862
- Among the facts before the Tribunal was evidence by Deputy Chief Justice Dunstan Mlambo, PRASA executives Martha Ngoye, Fani Dingiswayo and others. This also included a mountain of documents which led to the inescapable conclusion that she had lied to evade justice. The Tribunal found that Judge Makhubele’s evidence was “intentionally misleading and unambiguously insufficient”. On the first complaint, the Tribunal found that Judge Makhubele was guilty of gross misconduct in serving as the interim PRASA chairperson and a judge.
↩︎ - As interim PRASA chairperson Judge Makhubele settled the unfounded claims of R56 million by the Siyaya companies without any power or mandate to do so. The settlement was against the interests of PRASA. She deliberately excluded PRASA’s legal department from negotiations with Siyaya and unethically and unlawfully assisted Advocate Francois Botes SC, the counsel for Siyaya. The Tribunal found that Judge Makhubele’s evidence was “inconsistent and amounted to a bare denial in the face of vastly credible evidence to the contrary”. Judge Makhubele’s conduct in the Siyaya state capture matters was also found to be in breach of the Code of Judicial Conduct as gross misconduct. ↩︎