The Portfolio Committee on Justice yesterday accepted JSC findings of gross misconduct against Judges Mushtak Parker and Nana Makhubele, initiating impeachment proceedings, reports News24.

The JSC found Parker guilty of gross misconduct in that he gave two mutually exclusive statements under oath regarding his alleged assault by the then Judge President of the Western Cape, John Hlophe, and for his non-disclosure of a trust account deficit during his judges’ interview process.

The JSC found Makhubele guilty of gross misconduct because she didn’t vacate her post as interim chairperson of the Passenger Rail Agency of SA (Prasa) after being appointed permanently to the Bench. Furthermore, while interim Prasa board chair, she improperly interfered with litigation to assist the Siyaya Group, a state capture-implicated company, in obtaining a R50m settlement against Prasa, which was dishonest, unethical and lacked integrity.

Parliament’s Constitutional and Legal Services advised the committee that both referrals appeared to be constitutionally in order.

Constitutional and Legal Services also advised the committee that it should not reconsider the merits of the JSC’s findings. All members of the committee, bar the MKP, were ready to move ahead with the next step of the procedure to determine whether judges should be removed, which is asking the judges to present submissions in mitigation to the committee.

MKP MP Sibonelo Nomvalo said: ‘Our proposition is that, let us consider the options that have been presented to us.'

'Let’s apply our own mind as Parliament and not rely on what has been presented to us by the JSC.’

He suggested that they call the judges to appear before the committee. His colleague, the state capture-implicated Mzwanele Manyi, questioned why they should accept the JSC’s findings.

The other MPs in the committee, which included ANC MP and committee chairperson Xola Nqola and DA MP Glynnis Breytenbach, who were members of the committee that recommended Hlophe and Motala’s removal, were not swayed. This included the EFF, whose MP Rebecca Mohlala said: ‘Our principle remains unwavering; all those implicated in state capture or judicial dishonesty must face the consequences.’ 

According to News24, FF Plus MP Heloïse Denner asked whether there would be a conflict of interest for the MKP MPs being involved in the process regarding Parker, and what would happen if Makhubele’s pending review application of the JSC decision were successful after the National Assembly voted for her removal. Hlophe is part of MKP.

Parliament’s Constitutional and Legal Services’ Barbara Loots said if the committee recommended Makhubele’s removal and the vote passes, and the court sets aside the JSC finding, the basis for the National Assembly’s decision falls away, and it is as if it didn’t happen.

Parliament’s Constitutional and Legal Services’ Zingisa Zenani said in her preliminary view that she couldn’tsee why MKP can’t participate in the process. 

Nqola said the committee would write to both judges requesting written submissions on why they should not be removed, and the committee would then schedule a meeting to deliberate on them.

He did not set a timeline.

Full News24 report