Suspended Gauteng Judge Tinswalo Makhubele Takes JSC to Court, SA Discusses

• Suspended Gauteng Judge Tintswalo Makhubele is challenging the Judicial Service Commission’s (JSC) ruling
• The JSC found her guilty of gross misconduct after she failed to declare that she was a board member of the Passenger Rail Agency of South Africa
• The ruling triggered an impeachment process, and she applied to have the ruling set aside and to have it declared unlawful

During his four years at Daily Sun, Tebogo Mokwena, a Briefly News current affairs journalist, contributed coverage of criminal activities, investigations, and court proceedings in South Africa.

GAUTENG — Gauteng Judge Tintswalo Makhubele is fighting to prevent an impeachment process that was triggered after she was found guilty of gross misconduct.

Newzroom Afrika journalist Zoleka Qodashe posted a high court application Makhubele filed in Pretoria on 20 January 2026 on her @ZOLEKV_Q X account. Makhubele filed the court application and named the Judicial Service Commission, President Cyril Ramaphosa, National Assembly speaker Thoko Didiza, Unite Behind, and the Minister of Justice and Constitutional Development, Mmamoloko Kubayi. Makhubele, in her application, stated that the JSC’s decision to find her guilty of gross misconduct was unlawful, unreasonable, and irrational.

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Inside Tintswalo Makhubele’s application

Makhubele argued that the proceedings failed to consider the relevant facts and the applicable law. Makhubele’s application also stated that the JSC failed to perform its investigative duties, and this rendered the JSC unreasonable, irrational, and unconstitutional. Makhubele added that the ruling must be set aside and the Judicial Conduct Committee and the Judicial Conduct Tribunal’s proceedings and investigation be declared unlawful because they acted outside the enabling legislation and constitutional mandate.

Read the application on X here:

Why was Makhubele suspended?

According to The Star, the Judicial Conduct Tribunal found her guilty after Unite Behind lodged a complaint in 2019 of judicial misconduct against Makhubele after she was appointed as the chairperson of the interim board of the Passenger Rail Agency of South Africa (PRASA). However, Makhubele pointed out that former Gauteng Judge President and Deputy Chief Justice Dunstan Mlambo knew about her position, and she informed him in 2018 that she could not take up her position as a judge, as she had to resign from the board.

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She was also informed that she would start her judicial duties on 1 April 2018. Mlambo, though, testified that she only informed him that she had to wrap up cases as counsel at the Water Tribunal. She was also accused of misrepresenting facts about her tenure as PRASA's chairperson. Furthermore, her appointment was also scrutinized as she allegedly gave her neighbour her CV and waited for congratulatory messages.

South Africans discuss court application

Netizens on Facebook were stunned by her decision to challenge her guilty verdict.

Zukisile Myelo observed:

“She thinks that the ANC still has power.”

Uhuru Odinga Bin Ram said:

“There must be a commission of inquiry for judges.”

Isaac Ngobeni asked:

“Is she extinguishing the fire that she deliberately started?”

Mopedi Moroka MoAfrica predicted:

“After this, she will face impeachment proceedings, and she will lose all her benefits, including her pension.”

Isaac Amukelani said:

“This impeachment is used to destroy judges, mainly Africans. If a judge is guilty, why not face impeachment or a fine? Why destroy their whole career?”

3 Briefly News articles about the JSC

• Former Western Cape Judge President John Hlophe resigned from the Judicial Services in October 2024. This was after he faced opposition from opposition parties after he was appointed to serve on the JSC.
• Civil society groups called for the removal of Economic Freedom Fighters president Julius Malema from the JSC. Their call came after Malema was found guilty on several firearm-related charges.
• Gauteng Judge President Aubrey Ledwaba filed a complaint against Judge Portia Phahlane after she was arrested on corruption charges. The complaint was referred to the JSC.

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Source: Briefly News