Parliament to consider impeaching Judge Nana Makhubele

Judge Nana Makhubele during a hearing of the Judicial Conduct Committee tribunal in May 2023. Archive photo: Masego Mafata

Parliament has taken the first step to impeach Judge Nana Makhubele, who was found guilty on two charges of gross misconduct by the Judicial Service Commission (JSC) earlier this year.

The Speaker of the National Assembly, Thoko Didiza, has referred the gross misconduct findings to the Portfolio Committee on Justice and Constitutional Development. If the committee agrees with the findings, the matter will be referred to the National Assembly to vote on whether to impeach Makhubele.

The JSC’s investigation stemmed from a complaint by civil society organisation #UniteBehind in 2019. That complaint had two parts. First, it said Makhubele “undermined the independence of the judiciary” by sitting as a judge while also serving and receiving remuneration as chair of the Passenger Rail Agency of South Africa (PRASA) interim board. The second complaint related to Makhubele’s conduct and involvement in corruption while she was chair of the PRASA board.

The JSC found that “the evidence on which Judge Makhubele was found guilty clearly establishes gross misconduct in the form of dishonesty”.

Chief Justice Mandisa Maya recommended to Didiza that Makhubele be referred to the National Assembly for impeachment. According to parliamentary spokesperson Moloto Mothapo, “the Speaker tabled the Chief Justice’s letter on 26 August 2025 and referred the JSC’s finding to the Portfolio Committee on Justice and Constitutional Development for consideration and report”.

The portfolio committee is now considering the JSC’s findings in line with section 177 of the Constitution. “Should the Committee find that Judge Makhubele is indeed guilty of gross misconduct, the matter will be submitted to the National Assembly for a vote,” said Mothapo.

According to Section 177 of the Constitution, “the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members” (267 votes in this case). If the resolution is adopted, the President will act to remove the judge from office.

“Given the constitutional and procedural requirements, no specific timeframe can be confirmed at this stage. However, Parliament remains committed to ensuring the process is conducted diligently, fairly and within the parameters of the Constitution and the rules of Parliament,” said Mothapo.

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