TRC ROULETTE: Ex-presidents fail in bid to remove Sisi Khampepe as head of judicial inquiry

Former presidents Thabo Mbeki and Jacob Zuma were unsuccessful in their efforts to remove retired judge Sisi Khampepe from leading a crucial inquiry into potential political meddling in post-apartheid trials. The Constitutional Court dismissed their application for her recusal on Monday. Khampepe is overseeing the examination of unresolved matters stemming from the Truth and Reconciliation Commission (TRC).

Mbeki and Zuma have consistently opposed the inquiry since its launch. With the commission nearing its conclusion in December, all focus is on when the two former heads of state will deliver their testimonies. The court's decision, announced by Justice Leona Theron, addressed a preliminary jurisdictional issue but remained divided on the merits of a "reasonable apprehension of bias" due to Khampepe's prior involvement with the TRC and National Prosecuting Authority.

The minority opinion, penned by Justice Theron alongside three others, contended that the recusal should have been granted, citing Khampepe's overlapping roles as problematic. This minority view also dismissed the 2003 "temporal boundary" argument as irrelevant, as the commission had already scrutinized events preceding that year.

Justice Robert Nugent and Justice Owen Rogers agreed with the minority judgment in separate opinions, forming a five-judge majority. They argued that bias should be considered an independent ground for review under the principle of legality for commissions of inquiry. President Cyril Ramaphosa, alongside his predecessors, joined the court action, expressing surprise at not being aware of Khampepe's past associations when appointing her.

Both Mbeki and Zuma denied allegations of political interference in post-TRC prosecutions during their submissions. The inquiry, established in May 2025 by Ramaphosa, aims to investigate political interference and obstruction in post-apartheid trials of apartheid-era crimes. The legal challenge, initiated by the son of Fort Calata, a victim of apartheid security police murders, was spearheaded by Lukhanyo Calata.