Parliament, Wednesday, 1 April 2026 – The Portfolio Committee on Justice and Constitutional Development today granted an extension of one month to two judges to submit written representations after they were referred to Parliament for the application of suitable sanction arising from findings of gross misconduct made against them.
Committee Chairperson Mr Xola Nqola said Judge Nana Makhubele and Judge Mushtak Parker will now have until 30 April to submit their written representations. These representations are made in terms of Section 177 of the Constitution, which invites affected judges to submit written representations of any extenuating circumstances.
In terms of this section of the Constitution, a judge may be removed from office only if the Judicial Service Commission (JSC) finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct. The National Assembly (NA) must then call for the judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members.
“We heard that the letter regarding Judge Parker was initially sent to an email address no longer in use. The said letter therefore only reached him about two weeks ago. His attorneys requested more time, until 30 April, to comply.
“Furthermore, the committee received correspondence that Judge Makhubele has been hospitalised and is therefore not in a position to respond at this stage. We therefore granted both the extensions requested,” elaborated Mr Nqola.
The committee further resolved that it will meet next week to consider the names of candidates for the positions on the Information Regulator. “These vacancies have crippled the operations and functioning of the Information Regulator,” Mr Nqola said. “Currently it’s even difficult for them to have a quorum. It is quite urgent, especially if we want to give ample time for the vetting process until the interviews. Ideally, the shortlisting should happen next week.”
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT, MR XOLA NQOLA.
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