The Judicial Service Commission (JSC) is due to meet on Wednesday to finally decide on two disciplinary hearings regarding judges - the one on the fate of Judge Nana Makhubele and the other on whether retired Chief Justice Mogoeng Mogoeng should face a Judicial Conduct Tribunal (JCT).

Gauteng High Court Judge Makhubele was last year found guilty by a tribunal of gross misconduct for holding dual positions as both a judge and the chairperson of the state rail agency Prasa.

She was also found guilty of judicial misconduct for improper interference with Prasa’s operations. The findings were referred to the JSC for consideration and could result in the body recommending her removal from office to Parliament.

Retired KwaZulu-Natal judge president Achmat Jappie, who chaired the tribunal, together with two more members of the tribunal, heard evidence from various parties, including Gauteng Judge President Dunstan Mlambo, relating to Judge Makhubele’s appointment as a judge while it was said that she was also the interim chairperson of the Prasa board.

In making the adverse findings against Judge Makhubele, the tribunal last year noted that while giving evidence, she became argumentative.

Judge Jappie at the time said that based on the entirety of the evidence before the tribunal, the evidence of Judge Mlambo had to be accepted and that her evidence was misleading. She was found guilty of gross misconduct.

The JSC will also have to decide on whether it endorses the Judicial Conduct Committee’s recommendation that retired Justice Mogoeng Mogoeng face a Judicial Conduct Tribunal on allegations made by impeached former judge John Hlophe.

The recommendation comes after Hlophe, who was the Western Cape judge president for over 23 years, accused Mogoeng of violating his oath of office by having a private meeting with then-Deputy Judge President Patricia Goliath.

Hlophe alleges that Mogoeng encouraged Goliath to file a complaint against him.

He lodged a complaint of gross judicial misconduct against Mogoeng, alleging that he handled Goliath’s complaint in a biased manner and held a secret meeting with her regarding her accusations against him.

This comes after Hlophe faced an investigation of gross misconduct regarding allegations that he abused his power, physically assaulted a fellow judge, and swore at Goliath.

In February 2024, Hlophe became the first judge in the country to be impeached after he tried to influence the Constitutional Court's decision on search and seizure raids carried out by the Scorpions on the properties of former president Jacob Zuma.

Mogoeng has denied the allegations made by Hlophe, saying he had not produced any evidence to support his allegations.

Mogoeng explained that his meeting with Goliath was not conducted in secrecy; rather, it was part of his regular duties as a judicial leader and was characterised by a strong commitment to integrity.

According to Judges Matter, if the JSC endorses the recommendation, Mogoeng will be the first Chief Justice to face an impeachment inquiry.

zelda.venter@inl.co.za

scorpions

JSC to rule on Judge Makhubele's misconduct case and Mogoeng impeachment inquiry