ConCourt dismisses Zuma & Mbeki bid to remove Khampepe from TRC inquiry

The Constitutional Court has rejected former presidents Jacob Zuma and Thabo Mbeki's attempt to force retired Justice Sisi Khampepe to withdraw from the inquiry into alleged political interference in apartheid-era Truth and Reconciliation Commission cases. The court ruled that Khampepe may continue as chairperson of the Judicial Commission of Inquiry, but granted the ex-presidents permission to appeal the High Court's decision.

Justice Leona Valerie Theron stated that the High Court's order was set aside and replaced, dismissing the point in limine raised about section 47.1 of the Superior Courts Act. The application to review the earlier ruling made by the commission chairperson was also dismissed. Zuma and Mbeki had contested a High Court ruling that dismissed their application to remove Khampepe from the inquiry, arguing that her prior role in the National Prosecuting Authority and involvement in previous TRC hearings created a reasonable suspicion of bias.

The High Court, however, found that it lacked the authority to rule on the recusal application due to Khampepe's retired status. The former presidents appealed the majority judgment, emphasizing that Khampepe's role in chairing the commission did not involve judicial functions and therefore should not have been subject to prior permission requirements.

They argued that this decision could lead to piecemeal litigation and undermine the proper administration of justice.