Courts & Legal
Court rejects Zuma and Mbeki bid to remove Khampepe from TRC inquiry
In a decision that quickly rippled through South Africa’s political and legal circles, the Gauteng High Court in Johannesburg has dismissed an attempt by former presidents Jacob Zuma and Thabo Mbeki to remove retired Justice Sisi Khampepe from a high-stakes inquiry.
The ruling means Khampepe will remain at the helm of the Judicial Commission of Inquiry tasked with probing alleged political interference in the investigation and prosecution of Truth and Reconciliation Commission cases. For many watching closely, it keeps a sensitive process firmly on track.
What the challenge was about
Zuma and Mbeki had argued that Khampepe should step aside, pointing to claims made by a whistleblower. According to the allegations, she had improperly advised the commission’s evidence leader during a previous recusal application. The claims suggested she had influenced how the case should be presented and even offered strategic “tips” through legal channels.
They also raised concerns about her past roles. Khampepe previously worked within the TRC’s amnesty structures and later served as Deputy National Director of Public Prosecutions before joining the bench. These connections, they argued, could affect her impartiality in overseeing the inquiry.
Zuma went as far as asking the court to declare her earlier decision to dismiss a recusal application unconstitutional and invalid. Mbeki, on the other hand, pushed for a more sweeping outcome, requesting that her entire appointment be terminated and that all decisions taken under her leadership be set aside.
The court, however, did not agree.
Why this ruling matters
This is not just another courtroom dispute. The commission itself sits at the intersection of South Africa’s unfinished business with the past. The TRC was meant to bring closure, yet decades later, many cases remain unresolved. Allegations that political pressure may have stalled prosecutions have kept the issue alive.
By dismissing the bid, the ruling allows the commission to continue under its current leadership. In practical terms, it prevents delays that could have pushed the inquiry further into uncertainty.
In a country where public trust in institutions can be fragile, the ruling is likely to draw mixed reactions given the sensitivity of the commission’s work.
A deeper backdrop many forget
What often gets lost in the headlines is how long this issue has been simmering. The TRC closed its hearings in the early 2000s, but the promise of follow-up prosecutions never fully materialised. Families of victims have spent years calling for justice, arguing that political decisions may have influenced who faced charges and who did not.
That is the space this commission now occupies. It is not simply about legal technicalities. It is about whether the state acted, or failed to act, in the years after apartheid.
Keeping Khampepe in place ensures that the inquiry continues under the same leadership that was appointed by President Cyril Ramaphosa in May last year. For now, at least, the focus shifts back to the core task: uncovering what really happened behind the scenes.
What happens next
The story is still unfolding. While the court has closed the door on this particular challenge, it does not necessarily end the broader legal or political contest around the commission.
For Johannesburg, where the ruling was handed down, it is another reminder of how closely the city remains tied to the country’s biggest legal battles. And for South Africans watching from the sidelines, the question remains the same: will this inquiry finally bring long-awaited answers?
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Source: IOL
Featured Image: News24
