Justice committee starts impeachment process against guilty judges Makhubele and Parker

The portfolio committee on justice and correctional services has initiated impeachment processes against two judges, Nana Makhubele and Mushtak Parker, after they were found guilty of gross misconduct by the Judicial Service Commission (JSC).

This is after the committee resolved on Wednesday that both Makhubele and Parker must send written submissions responding to the findings made by the JSC.

In separate hearings, the JSC found the duo guilty of gross misconduct, which according to section 177 of the Constitution is an impeachable offence. Other impeachable offences are incapacity and gross incompetence.

Last year, the JSC found Parker guilty of gross misconduct on two counts: the first that he gave contradictory statements in the incident involving his assault by former Western Cape judge president John Hlophe, and the second that he misappropriated money belonging to his client when he was still an attorney, which he failed to disclose when he was appointed a judge.

Makhubele was found guilty of gross misconduct on two charges: the first that she violated the separation of powers principle after failing to resign as a Prasa board chair when she was appointed a judge, and the second that she pushed for a R56m “secret settlement deal” between Prasa and Siyaya Group.

“Committee chair Mr Xola Nqola said the committee resolved to follow the legal guidance it received (from parliament’s legal advisers) and it will now, in terms of section 177 of the Constitution, invite written representations on extenuating circumstances from the judges affected,” read a committee statement on Wednesday.

Following receipt of the written submissions, the committee will forward its report to the National Assembly as it is the only body that can officially call for judges to be removed through the adoption of a resolution with a supporting vote of at least a two-thirds majority.

“The committee heard that this does not mean that the National Assembly acts as a rubber stamp or that its resolution is automatically that of removal. The National Assembly should not reconsider merits as settled in processes at the JSC stage,” read the statement.

“Accordingly, the National Assembly and by extension the committee, should note the JSC findings for the purposes of making a recommendation as to the possible sanction to follow.”