Zuma, Mbeki apply for recusal of justice Khampepe from chairing TRC prosecutions

Justice Sisi Khampepe. Picture: Michel Bega/The Citizen Former presidents Jacob Zuma and Thabo Mbeki have filed separate applications for the recusal of retired justice Sisi Khampepe from chairing the Judicial Service Commission (JSC) inquiry into allegations of attempts to stop the investigation or prosecution of Truth and Reconciliation Commission (TRC) cases. Last year,President Cyril Ramaphosa appointed Justice Khampepeto chair a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes.

This, after about 23 families sued him for R167 million in damages over extensive delays in prosecuting apartheid-era crimes recommended by the TRC. Mbeki’s application, supported by four former Cabinet ministers and former deputy cabinet ministers, including Brigitte Mabandla, Charles Nqakula, Thoko Didiza and Ronnie Kasrils, cites alleged conflicts of interest, serious procedural impropriety, misconduct and apprehension of bias. In the papers, the applicants argued that Khampepe previously served as a member of the TRC Amnesty Committee and later as Deputy National Director of Public Prosecutions under then NDPP Bulelani Ngcuka.

They contend that these roles give rise to a “material and disqualifying conflict of interest” in relation to the subject matter and mandate of the commission. The applicants further allege that Khampepe engaged in serious misconduct in connection with the recent recusal application concerning Advocate Ishmael Semenya SC, the commission’s chief evidence leader. “It is alleged that she provided undisclosed legal advice to Adv Semenya SC, including guidance on issues to address and submissions to advance through his legal representative, Advocate Vas Soni SC, in order to defeat the recusal application over which she was to preside,” the applicants argued. “If established, this conduct constitutes a grave breach of judicial ethics, undermines the principle ofaudi alteram partem, and fatally compromises the appearance of impartiality.” In December 2025,the recusal application brought before the Khampepe commissionby the National Prosecuting Authority (NPA) and the Department of Justice (DoJ) against Semenya was dismissed.