Khampepe stands firm as Zuma and Mbeki fail to force her recusal

Khampepe stands firm as Zuma and Mbeki fail to force her recusal

In a decision that cuts through weeks of legal sparring, retired Constitutional Court justice Sisi Khampepe has dismissed attempts by former presidents Jacob Zuma and Thabo Mbeki to have her removed from chairing the commission probing interference in apartheid-era prosecutions.

The ruling clears a major procedural hurdle and allows the long-awaited inquiry into stalled Truth and Reconciliation Commission (TRC) cases to finally move forward.

Why Zuma and Mbeki wanted her out

Earlier this month, Zuma and Mbeki filed separate applications arguing that Khampepe was “conflicted and biased.” Their objection centred on her past roles in South Africa’s justice system.

Khampepe previously served on the TRC Amnesty Committee and later became Deputy National Director of Public Prosecutions under former NDPP Bulelani Ngcuka. According to the former presidents, those positions created a disqualifying conflict of interest given that the commission is investigating whether attempts were made to block investigations and prosecutions linked to TRC matters.

In short, they argued that Khampepe’s institutional memory made her too close to the subject.

The ruling: applications dismissed

On Friday, Khampepe rejected both applications outright, ruling that the requests for her recusal “must be dismissed.”

TRC cases commission spokesperson Lionel Adendorf confirmed that the inquiry can now continue without further delay.

With the legal challenge out of the way, the commission is expected to shift its focus from procedural disputes to the substance of the allegations before it.

What happens next at the commission

Adendorf said the commission is now ready to move into evidence-gathering mode, following months of preparation by its legal team.

“The commissioners… are ready to get evidence, to see what our evidence leaders could gather over the last six months, and to then get down to the real business of the commission,” he said.

For families who have waited decades for answers, this marks a crucial turning point.

Zuma’s claim of “secret emails”

Zuma has also alleged that Khampepe improperly communicated with evidence leader Advocate Ishmael Semenya, claiming she “secretly” advised him on research relevant to a separate recusal application against him an application she later dismissed.

Those claims formed part of Zuma’s broader argument that the commission’s leadership was compromised. Khampepe’s ruling makes it clear that she does not accept that these interactions amount to bias or misconduct.

Why this inquiry matters now

The commission was appointed last year by President Cyril Ramaphosa amid growing pressure from families of apartheid-era victims. About 23 families had sued the president for R167 million, citing decades-long delays in prosecuting cases that the TRC itself recommended for further investigation.

For many South Africans, the issue is deeply emotional. Social media reaction to the ruling reflects a mix of relief and scepticism, relief that the inquiry can finally proceed, and scepticism shaped by years of postponed justice.

“Every delay feels like another denial,” one user wrote on X, echoing a sentiment shared widely after the ruling.

A broader test of accountability

Beyond the personalities involved, the case has reopened old questions about political interference, prosecutorial independence, and whether post-apartheid South Africa ever fully confronted crimes of the past.

Khampepe’s refusal to step aside signals that the commission intends to operate without yielding to political pressure, a stance that will be closely watched as testimony begins.

For now, the message from the chair is clear: the inquiry will go on, and the focus will shift from who leads it to what it uncovers.

{Source: The Citizen}

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