Former interim chairperson of the Passenger Rail Agency of South Africa (PRASA), Judge Nana Makhubele, has been found guilty of gross misconduct, raising serious questions about her involvement in state capture. Makhubele was accused of acting in conflict with her judicial duties after she took on the PRASA board position while remaining in her role as a judge. Furthermore, she failed to disclose her PRASA appointment when it was made in 2017, despite being confirmed as a judge candidate in the same year. This has led to widespread concern over the integrity of her actions and her commitment to ethical standards.
The accusations against Makhubele extend beyond her failure to disclose her dual roles. She was also implicated in authorizing a secret deal that saw PRASA make payments totaling R56 million to the Siyaya group of companies, which had been contracted to provide services to the state-owned entity. Moreover, Makhubele allegedly helped Siyaya’s legal representative, advocate Francois Botes, by providing crucial documents that facilitated a default judgment in their favor. This judgment is now under scrutiny, with some experts suggesting that it could ultimately lead to her impeachment.
The case has sparked heated debate in South Africa, with some defending Makhubele, arguing that she is the victim of an anti-black judge conspiracy. Others, however, have been quick to condemn her actions, calling them a clear breach of ethical and professional conduct. As South Africa continues to grapple with issues of corruption and state capture, this case serves as yet another example of the deepening mistrust in the country’s public institutions.
Makhubele’s fall from grace places her alongside other high-profile South African figures who have faced impeachment for misconduct. These include former Public Protector Busisiwe Mkhwebane, who was impeached in 2023, and retired judges Nkola Motata and John Hlophe, who were removed from office in 2024 for separate offenses. As the legal and political fallout from these cases continues, Makhubele’s guilty verdict adds to the mounting pressure on South Africa’s judiciary to demonstrate transparency and accountability.
