Court Blow For Zuma And Mbeki As Bid To Remove Khampepe From TRC Inquiry Crashes

The High Court of South Africa has thrown out an application seeking to remove Sisi Khampepe as chairperson of the Truth and Reconciliation Commission (TRC) cases inquiry. The legal challenge was brought by former presidents Jacob Zuma and Thabo Mbeki, who wanted the court to review and overturn Khampepe’s decision to remain in the position.

Court Dismisses Zuma and Mbeki’s Bias Claims

Zuma and Mbeki argued that Khampepe could not be impartial, citing her previous involvement in the original TRC as well as her role as Deputy Director of Public Prosecutions between 1988 and 1999.

They claimed this background could influence how she assesses evidence in the ongoing inquiry.

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However, the court rejected these arguments and dismissed the application in its entirety, also ordering the former presidents to pay legal costs.

Allegations Against Khampepe Fail to Sway Court

In court papers, Zuma’s legal team went further by questioning Khampepe’s integrity. They accused her of criminal conduct based on alleged email exchanges between herself and evidence leaders involved in the inquiry.

They also pushed for Khampepe to be held personally liable for legal costs, arguing that she was not shielded by Section 47 of the Constitutional Court Act, which protects judges from certain claims.

The court was not persuaded by these claims. The court found that Khampepe, despite being retired, remains an active member of the judiciary and is therefore protected under the Constitution.

It further described the argument challenging her legal protection as invalid, stating that it had no authority to rule on that specific issue.

The ruling marks a significant setback for Zuma and Mbeki in their attempt to remove Khampepe from the TRC cases inquiry.