Constitutional Court rejects Mbeki and Zuma’s bid to recuse Judge Khampepe
The Constitutional Court has dismissed an application by former presidents Thabo Mbeki and Jacob Zuma to recuse retired judge Sisi Khampepe, who chairs the judicial commission of inquiry into unresolved matters of the Truth and Reconciliation Commission. This means that both former presidents must appear before the commission and provide their testimony, Daily Maverick reports.
The commission is due to complete its work in December. Mbeki and Zuma have opposed its activities from the outset.
Judges’ positions
The court’s decision is set out in three separate opinions. The court first resolved the preliminary issue of jurisdiction and then differed in its assessment of whether Khampepe’s previous legal work created reasonable apprehensions about her bias.
Justice Leona Theron, whose position was supported by three other judges, believed that the recusal application should have been granted. In their view, Khampepe’s previous work at the Truth and Reconciliation Commission and the National Prosecuting Authority could have placed her in a position in which she might make adverse findings about a former institution and colleagues.
The minority opinion also stated that Khampepe’s reference to the 2003 time limit was irrelevant, since the commission had already summoned witnesses regarding events that occurred earlier. Acting Justice Robert Nugent reached the opposite conclusion: the former presidents had not established reasonable grounds to consider Khampepe biased. Justice Owen Rogers agreed with him, securing a majority of five judges to dismiss the application.
More current news is available on the UA.News Telegram channel Telegram.
Investigation into interference
The commission was appointed by President Cyril Ramaphosa. Its members also include retired Northern Cape Judge President Frans Kgomo and advocate Andrea Gabriel. Ramaphosa joined the court proceedings alongside his predecessors and stated that at the time of the appointment, he was unaware of Khampepe’s previous roles at the Truth and Reconciliation Commission, the National Prosecuting Authority and the Constitutional Court.
In their submissions, Mbeki and Zuma denied political interference in the prosecution of apartheid-era crimes following the work of the Truth and Reconciliation Commission. The commission, established by Ramaphosa in May 2025, is investigating possible political interference and obstruction of such proceedings.
Claims of a secret agreement
The commission also heard testimony regarding an alleged informal amnesty agreement between apartheid-era generals and the new democratic authorities. Lukhanyo Calata accused the African National Congress of halting prosecutions because of an alleged secret agreement with representatives of the former regime.
According to a recently declassified note of the last apartheid-era cabinet meeting, held 48 hours before the election on 27 April 1994, then-president F. W. de Klerk told those present that Nelson Mandela and the ANC had agreed to grant immunity from prosecution for politically motivated crimes.
