Former Presidents Zuma and Mbeki request recusal of Justice Khampepe from chairing TRC commission
Zuma and Mbeki have applied for the recusal of retired justice Sisi Khampepe from chairing the Truth and Reconciliation Commission.
Image: Itumeleng English/Independent Media
In a significant legal development, former presidents Jacob Zuma and Thabo Mbeki have filed applications seeking the recusal of retired Justice Sisi Khampepe from her role as chairperson of the Truth and Reconciliation Commission (TRC) prosecutions commission.
Established by President Cyril Ramaphosa last year, the commission is tasked with investigating alleged attempts to obstruct the prosecution of apartheid-era crimes, making its impartiality of utmost importance.
The commission will cover the period from 2003 to the present.
The applications, supported by four former cabinet ministers, several former cabinet ministers, namely Brigitte Mabandla, Charles Nqakula, Thoko Didiza, and Ronnie Kasrils, cited alleged conflicts of interest, misconduct and apprehension of bias.
The former heads of state allege that Khampepe’s extensive background—having previously served on the TRC Amnesty Committee and as a former Deputy National Director of Public Prosecutions—creates a potential conflict of interest.
They further claim that Khampepe has provided undisclosed legal counsel to the chief evidence leader of the Commission, Advocate Semenya SC, potentially compromising the integrity of the proceedings.
In a statement, the Jacob Zuma Foundation highlighted specific concerns regarding Khampepe's actions.
"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," said the foundation spokesperson Mzwanele Manyi.
"If established, this conduct constitutes a grave breach of judicial ethics, undermines the principle of audi alteram partem (hear the other side), and fatally compromises the appearance of impartiality," added Manyi.
Manyi insisted the action aims to guarantee a just and unbiased procedure, not to impede accountability.
The recusal hearing will sit on January 16, 2026, at the Sci-Bono Discovery Centre in Johannesburg.
sinenhlanhla.masilela@iol.co.za
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