Zuma, Mbeki lose ConCourt bid to remove Khampepe from TRC inquiry

ConCourt

Johannesburg – Former presidents Jacob Zuma and Thabo Mbeki have failed in their bid to have retired Justice Sisi Khampepe removed as chairperson of the inquiry investigating alleged political interference in the prosecution of apartheid-era crimes.

The Constitutional Court on Monday dismissed their application challenging Khampepe’s decision not to recuse herself from the Truth and Reconciliation Commission (TRC) Cases Inquiry.

The apex court granted Zuma and Mbeki leave to appeal the Gauteng High Court ruling but ultimately dismissed their review application seeking Khampepe’s recusal.

Justice Leona Theron, who delivered the judgment, said: “The application to review the ruling delivered on 30 January 2026 … dismissing the recusal application, is dismissed.”

Reasonable apprehension of bias

The former presidents had argued that Khampepe’s previous involvement in the TRC Amnesty Committee during the 1990s and her former position as Deputy National Director of Public Prosecutions created a reasonable apprehension of bias.

However, the Constitutional Court found that Zuma and Mbeki had not provided sufficient grounds to establish that Khampepe would be unable to approach the inquiry impartially.

One of the judgments found that the former presidents had “fell short” in proving bias and that institutional associations alone were insufficient.

The court’s decision means Khampepe remains in charge of the inquiry, which was established by President Cyril Ramaphosa in May 2025 to investigate allegations that efforts were made to prevent or undermine the investigation and prosecution of apartheid-era crimes identified through the TRC process.

Previous roles 

The official TRC Cases Inquiry says its mandate is to determine whether attempts were made to stop the investigation or prosecution of cases arising from the TRC process. Khampepe is assisted by retired Northern Cape Judge President Frans Diale Kgomo and Advocate Andrea Gabriel SC.

The SABC reported that Zuma and Mbeki had argued Khampepe’s previous roles created concerns about her impartiality, while her legal team maintained that there was no sufficient connection between her past roles and the period under investigation.

The Constitutional Court’s ruling also clears the way for the inquiry to continue with the former presidents expected to participate as witnesses.

The dismissal means Zuma and Mbeki must now appear before the commission.

The ruling marks another setback for the former presidents’ efforts to have Khampepe removed and allows the commission to proceed with its investigation into allegations surrounding the handling of apartheid-era cases.

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