Pretoria - Passenger Rail Agency of SA (Prasa) executive for legal, risk and compliance, Martha Ngoye, was questioned by a panel member of the Judicial Conduct Tribunal yesterday about serious allegations she had made against Judge Nana Makhubele.
She was told that it appeared that she and others were “very annoyed” with the suspended judge.
Ngoye was the second witness to take the stand in the tribunal’s investigation into a misconduct complaint against Judge Makhubele.
Judge Makhubele, a former interim Prasa board chairperson, faces a probe following a complaint filed by civil society organisation #UniteBehind.
It claims that she violated the separation of powers principle by serving both as a judge and chair of a state-owned company. It is claimed that she advanced the interests of Prasa, which was embroiled in a litany of litigations at the time, while she was a judge.
Judge Makhubele denied these allegations and said she had resigned from the interim board by the time she had taken up her position as judge. She served on the Prasa interim board from October 19, 2017 to March 16, 2018.
Ngoye and Fani Dingiswayo, Prasa legal services general manager, testified before the Zondo Commission that when Judge Makhubele was appointed chairperson of Prasa's interim board, she became “preoccupied” with a legal matter involving the company, Siyaya, which held contracts with Prasa and which sued the rail giant.
These matters were heard by the Gauteng High Court, Pretoria, at the time – the division to which Judge Makhubele was appointed. It was claimed that she shared confidential information with Siyaya’s legal team and prevented Prasa’s legal team from being involved in the matter. The issue was later settled at an arbitration proceeding with Prasa agreeing to pay Siyaya R59 million with interest added.
Tribunal panel member retired Judge Seun Moshidi questioned Ngoye yesterday about allegations she, Dingiswayo and others had made against Judge Makhubele. “You appeared to be very angry with her,” he said.
Ngoye said she was a professional and was never annoyed with Judge Makhubele. She said Prasa’s legal department was happy when “someone of her stature” was appointed as chair of Prasa’s interim board.
Judge Moshidi, in referring to their evidence before the Zondo Commission, asked her if she, Dingiswayo and others “sing the same song” about Judge Makhubele. Ngoye responded: “Yes, we see things in the same way.”
Judge Moshidi also said: “I believe that you left Prasa at a stage.” Ngoye denied this and said she had been part of Prasa’s legal department since 2011.
Ngoye, a Prasa corruption whistleblower, was earlier suspended as head of its legal department, but her name was cleared at the start of this month when an arbitration hearing cleared her of any wrongdoing. Prasa claimed that she was guilty of misconduct.
Although the Prasa board indicated it would turn to the Labour Court to review the arbitration award, Ngoye said she was back at her post as head of legal services when she was sworn in as a witness at the tribunal yesterday.
The matter is proceeding.
Pretoria News