Mediamec Former presidents Jacob Zuma and Thabo Mbeki have launched formal applications calling for the recusal of retired Justice Sisi Khampepe as chairperson of the Truth and Reconciliation Commission (TRC) prosecutions commission, marking a major legal development in the commission’s work.
The commission, established last year by President Cyril Ramaphosa, is mandated to investigate alleged efforts to delay, obstruct, or undermine the prosecution of apartheid-era crimes. Its work spans the period from 2003 to the present, placing a premium on independence, transparency, and impartiality.
The recusal applications are supported by several former Cabinet ministers, including Brigitte Mabandla, Charles Nqakula, Thoko Didiza, and Ronnie Kasrils. They cite alleged conflicts of interest, misconduct, and a reasonable apprehension of bias on the part of Justice Khampepe.
Zuma and Mbeki argue that Khampepe’s extensive professional background raises concerns about her suitability to chair the commission. They point to her previous service on the TRC Amnesty Committee as well as her role as a former Deputy National Director of Public Prosecutions, contending that these positions may give rise to conflicts of interest in the current proceedings.
The applicants further allege that Justice Khampepe provided undisclosed legal advice to the commission’s chief evidence leader, Advocate Semenya SC, which they say could compromise the integrity and fairness of the process.
In a statement, the Jacob Zuma Foundation detailed its concerns, with spokesperson Mzwanele Manyi alleging that Justice Khampepe offered private guidance to Advocate Semenya SC on matters central to the proceedings.
“It is alleged that she provided undisclosed legal advice to Advocate 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,” Manyi said.
He added that, if proven, such conduct would amount to a serious breach of judicial ethics.
“If established, this conduct constitutes a grave breach of judicial ethics, undermines the principle of audi alteram partem — the right of all parties to be heard — and fatally compromises the appearance of impartiality,” Manyi said.
Manyi stressed that the recusal bid is intended to safeguard a fair and unbiased process, rather than to obstruct accountability or the commission’s mandate.
The recusal hearing is scheduled to take place on January 16, 2026, at the Sci-Bono Discovery Centre in Johannesburg.
Former presidents Jacob Zuma and Thabo Mbeki have launched formal applications calling for the recusal of retired Justice Sisi Khampepe as chairperson of the Truth and Reconciliation Commission (TRC) prosecutions commission, marking a major legal development in the commission’s work.
The commission, established last year by President Cyril Ramaphosa, is mandated to investigate alleged efforts to delay, obstruct, or undermine the prosecution of apartheid-era crimes. Its work spans the period from 2003 to the present, placing a premium on independence, transparency, and impartiality.
The recusal applications are supported by several former Cabinet ministers, including Brigitte Mabandla, Charles Nqakula, Thoko Didiza, and Ronnie Kasrils. They cite alleged conflicts of interest, misconduct, and a reasonable apprehension of bias on the part of Justice Khampepe.
Zuma and Mbeki argue that Khampepe’s extensive professional background raises concerns about her suitability to chair the commission. They point to her previous service on the TRC Amnesty Committee as well as her role as a former Deputy National Director of Public Prosecutions, contending that these positions may give rise to conflicts of interest in the current proceedings.
The applicants further allege that Justice Khampepe provided undisclosed legal advice to the commission’s chief evidence leader, Advocate Semenya SC, which they say could compromise the integrity and fairness of the process.
In a statement, the Jacob Zuma Foundation detailed its concerns, with spokesperson Mzwanele Manyi alleging that Justice Khampepe offered private guidance to Advocate Semenya SC on matters central to the proceedings.
“It is alleged that she provided undisclosed legal advice to Advocate 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,” Manyi said.
He added that, if proven, such conduct would amount to a serious breach of judicial ethics.
“If established, this conduct constitutes a grave breach of judicial ethics, undermines the principle of audi alteram partem the right of all parties to be heard and fatally compromises the appearance of impartiality,” Manyi said.
Manyi stressed that the recusal bid is intended to safeguard a fair and unbiased process, rather than to obstruct accountability or the commission’s mandate.
The recusal hearing is scheduled to take place on January 16, 2026, at the Sci-Bono Discovery Centre in Johannesburg.
