The Constitutional Court has dismissed an application by former presidents Jacob Zuma and Thabo Mbeki to remove retired Justice Sisi Khampepe as chairperson of the inquiry into alleged interference in Truth and Reconciliation Commission cases.
The court handed down its order on Monday, allowing the inquiry to continue under Khampepe’s leadership.
Zuma and Mbeki had argued that Khampepe’s earlier roles in the TRC’s Amnesty Committee and the National Prosecuting Authority created a reasonable apprehension of bias.
Their challenge followed Khampepe’s refusal in January to recuse herself. A Gauteng High Court application seeking to overturn that decision was also unsuccessful.
Inquiry can continue its work
The Constitutional Court granted leave to appeal but dismissed the review application, according to the order delivered by Justice Leona Theron.
The ruling means the commission can continue examining whether political or other pressure was used to stop investigations or prosecutions arising from apartheid-era cases identified by the TRC.
The inquiry’s spokesperson, Lionel Adendorf, welcomed the decision and said its work was back on track. The commission may call the two former presidents to assist it in understanding decisions taken during the period under investigation.
The judgment does not make findings against Zuma or Mbeki on the substance of the inquiry. It resolves the challenge to Khampepe’s continued role as chairperson.
The commission was established to investigate why relatively few TRC-referred cases advanced through the criminal justice system and whether officials or political figures tried to prevent prosecutions.
