By Charmaine Ndlela
Suspended Gauteng High Court judge Nana Makhubele has approached the courts to review the Judicial Service Commission’s (JSC) finding that she is guilty of gross misconduct – a decision that can trigger an impeachment process in Parliament.
Parliament’s Portfolio Committee on Justice and Constitutional Development said on Wednesday it had been briefed on the matter and would invite written representations on extenuating circumstances as part of the Section 177 process, which governs the removal of judges.
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The case stems from a December 2018 complaint by civil society group Unite Behind, which lodged a two-part complaint with the JSC.
Unite Behind said that Makhubele breached separation of powers by continuing to serve as interim chairperson of PRASA’s board after her permanent appointment to the bench, which took effect on 1 January 2018.
Unite Behind also alleged that during her time at PRASA, she improperly interfered in litigation to help secure a R50 million settlement for Siyaya Group against PRASA, conduct it said was dishonest and unethical.
The Judicial Conduct Committee considered the complaint in March 2020 and ruled that, if substantiated, the allegations would amount to gross misconduct, recommending that a Judicial Conduct Tribunal be established.
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Makhubele was suspended by President Cyril Ramaphosa following a JSC recommendation on 14 October 2020, with the suspension set to take effect after she finalised part-heard matters and reserved judgments.
In August 2025, the JSC considered the tribunal’s report and found that Makhubele’s conduct in both parts of the complaint constituted gross misconduct, resolving to refer the matter to the Speaker of the National Assembly.