By Blessing Mabunda
Giyani- Gandlanani Khani Village born judge, Tintswalo Nana Makhubele who presided over the case relating to the 9th ANC Limpopo Conference has been accused of being biased.
Giyani View understands that Judge Makhubele shouldn’t have presided over the case due to conflict of interest in relation to her own younger sibling Ponani Petunia Makhubele being a contender for the position of additional member in the PEC positions.
Judge Makhubele made a ruling over the urgent court applications by disgruntled ANC members after their branches were disbanded ahead of the Provincial ANC Conference which took place on Friday and Sunday.
Judge Makhubele on Saturday made a ruling that the Conference should continue. Gazankulu Liberation Congress (GLC) released a media statement on Sunday evening stating that the was no independence of the rule of Law over an urgent application by disgruntled ANC members whose branches were disbanded ahead of the Provincial ANC Conference.
“South Gauteng High Court Judge Tintswalo Nana Makhubele not fit to handle urgent court applications.
“The South African constitution act 108 of 1996 strives to encourage independence of the judiciary from Legislative and Executive Authority, namely Parliament and Administration of Government and Cabinet influence.
“The fact that her own family member was among the list contestants may have influenced her ruling of the conference.
“It is a common cause that any person may have reserved interests into having her own family member emerging victorious in the 9 Provincial conference.
“Rule 6 of the High Court procedure in dealing with the urgent application of the urgency of the applicant was not effectively applied by Judge Makhubele.
“Integrity of the Judge Questionable under the following;
(a) She is a former Board Chairperson of PRASA wherein she had direct interests in the awarding of Swifambo Logistics a company that procured locomotive trains to PRASA a tender that created problems to CEO Lucky Montana.
(b) She did not disclose that her own sister was a contender in the conference leading to her conflicted state of mind to judge and rule the matter.
(c) She would do anything possible to suit her sibling interests in the matter.
“The Applicant must appeal her decision and proceed to court to pray before another judge that the 9th ANC Provincial must be nullified as it was conducted by the illegitimate provincial structure of ANC”. The statement has been issued by the Secretary General of GLC, Gift Maswanganyi.