Johannesburg – Former presidents Jacob Zuma and Thabo Mbeki have filed separate applications for the recusal of retired Justice Sisi Khampepe from chairing the Truth and Reconciliation Commission (TRC) prosecutions commission, citing alleged conflicts of interest, misconduct, and apprehension of bias.
The applications are supported by four former Cabinet ministers, including Brigitte Mabandla, Charles Nqakula, Thoko Didiza, and Ronnie Kasrils.
Justice Khampepe was appointed by President Cyril Ramaphosa in 2025 to chair a judicial commission of inquiry into whether attempts were made to prevent the investigation or prosecution of apartheid-era crimes.
This followed a lawsuit by about 23 families seeking R167 million in damages for delays in prosecuting TRC-recommended cases.
The applicants argue that Justice Khampepe’s previous roles – as a member of the TRC Amnesty Committee and later Deputy National Director of Public Prosecutions under then-NDPP Bulelani Ngcuka – present a “material and disqualifying conflict of interest” regarding the commission’s mandate.
They also allege she provided undisclosed legal guidance to the commission’s Chief Evidence Leader, Advocate Ishmael Semenya SC, to counter a recusal application, which they say undermines judicial ethics and impartiality.
In shocking display, President Mbeki and President Zuma have both applied to have Justice Khampepe Removed from the TRC Prosecution Commission.
Who and who ? 😂😂😂😂 pic.twitter.com/6yEIsgkNpA
— MK Party Stan (@XFactor079) January 6, 2026
In his application, Zuma also cited what he described as personal hostility in Justice Khampepe’s prior judgments, including his detention without trial, as grounds for “apprehension of bias.”
Zuma has indicated that he will refer some of these allegations to the Judicial Service Commission.
Jacob Zuma Foundation spokesperson Mzwanele Manyi emphasised that the applications are not intended to obstruct accountability or undermine victims’ claims.
“A process tainted by conflicts of interest and procedural impropriety cannot deliver justice. Justice must not only be done, but it must also be seen to be done,” he said.
Zuma has previously refused to appear before the Zondo Commission of Inquiry into State Capture, despite a Constitutional Court ruling ordering his testimony, and he is currently serving a 15-month jail sentence for contempt of court, following a judgment delivered by Justice Khampepe.
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Compiled by Betha Madhomu
