Judge Nana Makhubele Challenges Impeachment Process
The suspended judge filed a court affidavit in October 2026 seeking to block her parliamentary removal from office.
Updated on Oct. 28, 2026 in Law
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Should judges facing impeachment be allowed to halt the process until their misconduct claims are reviewed?
In October 2026, Judge Nana Makhubele filed a replying affidavit in the Pretoria high court to halt her ongoing parliamentary impeachment process. Makhubele seeks an interim interdict to prevent her removal from judicial office while awaiting a court ruling on a prior misconduct finding.
Why it matters
The case centres on the constitutional tension between a judge’s legal recourse and the National Assembly’s mandate to hold the judiciary accountable for gross misconduct. A successful interdict would delay her potential removal, which would otherwise proceed if a parliamentary majority votes for her dismissal.
South African judges earn approximately R2.1 million annually. The Judicial Conduct Tribunal found Judge Nana Makhubele guilty of grossly negligent conduct in January 2025, following her earlier suspension in November 2020.
The players
Nana Makhubele
She is a South African judge who has been under suspension since November 2020 following allegations of gross misconduct.
Unite Behind
This is a South African social justice organisation that campaigns against state capture and corruption while advocating for judicial accountability.
Selby Mbenenge
He is the Judge President of the Eastern Cape who previously secured a court order to stay his parliamentary impeachment process.
The details
The non-profit organisation Unite Behind is challenging the jurisdictional appropriateness of the application, arguing it should have been filed in the Western Cape high court where the National Assembly is based. This dispute mirrors a previous case involving Eastern Cape Judge President Selby Mbenenge, who successfully secured an interdict to halt his own impeachment proceedings.
Timeline
October 2017: Makhubele accepted a position on the Prasa board.
June 2018: Makhubele began serving as a judge.
November 2020: Makhubele began her suspension.
January 2025: Judicial Conduct Tribunal found her guilty of misconduct.
October 2026: Makhubele filed a replying affidavit in court.
Political Context
This story follows the legal pattern established by the impeachment proceedings of Judge President Selby Mbenenge. Makhubele's current application mirrors the procedural strategy utilised by Mbenenge to delay parliamentary removal.
The outcome of this case determines whether the National Assembly maintains the authority to swiftly remove judges found guilty of misconduct. Citizens remain impacted by the potential disruption to the judiciary's operational efficiency and public trust in the legal system.
The takeaway
The ongoing legal battle underscores the complexity of disciplining high-ranking judicial officials while protecting constitutional due process. Observers suggest that the final court ruling will set a critical precedent for how parliamentary accountability measures are enforced across the judiciary.
Further reading
For more information on ongoing judicial proceedings, visit the Law section.
Live Poll
Should judges facing impeachment be allowed to halt the process until their misconduct claims are reviewed?
