Former presidents Jacob Zuma and Thabo Mbeki on Friday formally applied for the recusal of retired Constitutional Court Justice Sisi Khampepe from chairing the Truth and Reconciliation Commission (TRC) Prosecutions Inquiry.
The former heads of state argue that Khampepe is biased and conflicted and therefore unable to provide a fair hearing.
The arguments were made at the Sci-Bono Auditorium in Newtown, Johannesburg, during public proceedings of the inquiry, also known as the Khampepe Commission.
Commission probes TRC interference
The commission was established in May 2025 by President Cyril Ramaphosa to investigate allegations of political interference that allegedly prevented the prosecution of hundreds of apartheid-era crimes referred by the TRC.
The inquiry does not make binding rulings. But it submits recommendations to the president based on evidence from victims, families of victims and whistleblowers.
Advocate Dali Mpofu, appearing for Zuma, told the commission that his client’s application was grounded primarily in alleged misconduct and bias on the part of Khampepe.
“The main ground raised by (former) president Zuma is the one that relates to alleged misconduct and bias,” Mpofu said.
“That ground is fatal to the entire case.”
Mpofu argued that the manner in which Khampepe was appointed undermined her independence.
“A judge is never appointed by the president in the way that a chairperson of an administration is,” he said.
Zuma defence cites bias
“That person is in no better position than an adviser to the president.”
He rejected any suggestion that Zuma was attempting to delay the inquiry.
“There is no desire to delay this process. What is sought is to rid it of its bias,” Mpofu said.
Mpofu told the commission that Zuma had written to the secretary of the inquiry explaining that he was overseas at the time and had not yet consulted with his legal team.
“He indicated that he would look into the matter when he returned,” Mpofu said.
Justice Frans Kgomo, a member of the commission panel, questioned Mpofu on Zuma’s affidavit. It describes a relationship of “deep-seated hatred and animosity” between Zuma and Khampepe.
“The need for those choice of words, is there justification for that?” Kgomo asked.
More accusations against Khampepe
“I don’t know. I’m not the one who was sitting in a cell alone. I cannot speak for the deponent’s choice of words. The tribunal can make its own conclusion on why he used such words,” Mpofu replied.
He said Zuma’s application rests on three grounds: alleged misconduct and bias, Khampepe’s occupational history, including her previous involvement with the TRC and the National Prosecuting Authority. And what he described as her utterances, attitudes and hostility linked to Zuma’s detention without trial.
Advocate Nyoko Muvangua, appearing for former (president) Mbeki and others, also defended their recusal application. Particularly in response to criticism about delays in filing it.
“When asked why there was a delay, we explained that (former) president Mbeki only received communication in September,” Muvangua said.
“He has also not received the witness statements from the evidence leaders.”
Muvangua further alleged that Khampepe had previously displayed partiality.
“She displayed partiality in the Semenya matter, where she received secret and private advice,” Muvangua said.
Mbeki’s team defends his case
She dismissed suggestions that Mbeki’s application was opportunistic.
“It is untrue that President Mbeki was not going to file his application had it not been for President Zuma filing his first,” she said.
Opposition to the applications was led by Advocate Heward Varney. He is representing the Calata family and other victims’ families, who urged the commission to dismiss the recusal bids.
The commission is expected to consider the arguments before deciding whether Khampepe should continue to chair the inquiry.
