Ramaphosa remains neutral as Zuma and Mbeki challenge Khampepe’s TRC role

Attempts by former presidents Jacob Zuma and Thabo Mbeki to get retired Constitutional Court Justice Sisi Khampepe to recuse herself from the Truth and Reconciliation Commission cases inquiry will not be opposed by President Cyril Ramaphosa. President Cyril Ramaphosa will not oppose ex-presidents Jacob Zuma and Thabo Mbeki’s bid to force the chairperson of theTruth and Reconciliation Commission (TRC) cases inquiry, retired Constitutional Court Justice Sisi Khampepe, to recuse herself. In an explanatory affidavit filed this week, Ramaphosa indicated that he did not oppose the recusal applications, which are Zuma and Mbeki’s Gauteng High Court, Pretoria, bids seeking an order directing the president to terminate Justice Khampepe’s appointment.

Ramaphosa told the court that when he appointed Justice Khampepe to chair the commission in May last year, he was not aware of the allegations made by Zuma andMbekiin their attempt to have her recuse herself. The allegations include that in 1995, Justice Khampepe was appointed by late former president Nelson Mandela as a TRC commissioner, and in the following year, she was appointed a member of the TRC’s amnesty committee. In addition, between September 1998 and December 1999, she was a deputy national director of public prosecutions and during this period, she apparently played a role on the human rights investigation unit established by her then boss Bulelani Ngcuka to advise him on how to handle the cases referred to the National Prosecuting Authority (NPA) by the TRC.

“As a member of the amnesty committee, the chair refused the killers of Richard and Irene Motasi amnesty. This appears in Schedule 17 of the TRC’s amnesty committee’s decision AC 99/0035. The family members of Richard and Irene Motasi are applicants before the commission and the 18th applicant in the high court application and a party at the commission,” Ramaphosa said.

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He continued: “As a member of the amnesty committee in AC/2001/064, the chair considered and denied amnesty to RJ Venter, in the ‘Pebco Three’ murders near Cradock. The family members of the Pebco Three are parties in the commission. They are also the 16th, 20th and 21st applicants in the High Court application and parties at the Commission”.

Justice Khampepe was party to another matter that came before the amnesty committee in which several ANC members sought amnesty. “Among those are two parties who have been cited as interested persons in these proceedings, they are, former presidents Mbeki and Zuma. The chair was part of the panel that refused their amnesty applications,” Ramaphosa added. He said he requested Justice Minister Mmamoloko Kubayi to approach Justice Khampepe to consider standing down as chairperson.

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