First published by GroundUp.

Judge Tintswalo Annah Nana Makhubele has withdrawn her urgent application intended to prevent her suspension from judicial duties and has tendered wasted costs for the three respondents in the application.

In early November Makhubele submitted an urgent application in the North Gauteng high court to set aside the Judicial Service Commission’s (JSC’s) recommendation to President Cyril Ramaphosa that she be suspended from her duties. Her application claimed that the JSC lacked the jurisdiction to discipline her. Her papers also cited commuter activist group #UniteBehind as a respondent. It was #UniteBehind’s complaint to the JSC that led to her suspension. Makbubele also wanted the court to declare that the state should pay for legal costs.

Makhubele’s withdrawal comes after the JSC filed a notice of counter-application which asked the court if her application was successful, to set aside her appointment as a judge, and to bar her from performing any judicial functions or practise as an advocate.

Makhubele’s suspension is pending a tribunal which will consider her fitness for office. #UniteBehind’s complaint to the JSC concerned the actions taken by Makhubele while she was chairperson of Prasa’s acting board of control.

#UniteBehind alleged that she had breached the separation of powers principle by acting for the executive branch of government while being a member of the judiciary.

The date for Makhubele’s judicial conduct tribunal has not yet been announced. DM