Johannesburg – The Judicial Service Commission has found Judge TAN Makhubele guilty of gross misconduct and has moved to recommend her removal.
On 3 July 2025, the Judicial Service Commission met to consider the report of the Judicial Conduct Tribunal, which enquired into allegations of judicial misconduct against Judge TAN Makhubele following a complaint by #UniteBehind, a coalition of movements comprising various non-profit organisations.
At the meeting, the Commission considered the complaint of #UniteBehind which was made in Part A and Part B.
Part A concerned Judge Makhubele’s acceptance of appointment and provision of services as a chairperson of the interim board of the Passenger Rail Agency of South Africa (PRASA) after she was appointed a Judge with effect from 1 January 2018.
Part B related to Judge Makhubele’s conduct during her tenure as chairperson of PRASA, that she failed to act honourably and to avoid the appearance of impropriety and acted in a manner unbecoming of judicial office.
“The Tribunal found that Judge Makhubele was guilty of the conduct in parts A and B of the complaint,” the Judicial Service Commission said Friday, 1 August 2025.
The Judicial Service Commission considered the report of the Tribunal and written submissions of #UnitedBehind and Judge Makhubele to the Commission.
The Judicial Service Commission found in terms of section 20(3)(c) read with section 14(4)(a) of the JSC Act that the conduct of Judge Makhubele constitutes gross misconduct.
The Judicial Service Commission said it resolved to refer the matter to the Speaker of the National Assembly and to recommend the commencement of removal proceedings in terms of section 177 of the Constitution and will refer the matter accordingly.
