It alleges that she violated the separation of powers principle by being both a Judge and Chairperson of the Passenger Rail Agency of South Africa .
He says, “It is our respectful submission that unfortunately, we are compelled to make this submission, Judge Makhubele was a thoroughly unsatisfactory witness. She would have this tribunal believe that it was not a foregone conclusion that once the Judicial Service Commission had made a recommendation, she was destined to be appointed permanently as a Judge of the High Court.”
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