Former presidents Jacob Zuma and Thabo Mbeki’s application to remove justice Sisi Khampepe from chairing the Truth and Reconciliation Commission (TRC) cases inquiry has been dismissed.
Zuma and Mbeki argued that Khampepe was biased due to her roles in the original TRC and as deputy director of public prosecutions in the 1990s.
The judgement was handed down on Monday, and here are five key takeaways:
- Before taking the matter to the high court, both former presidents filed formal recusal applications directly with the commission on the same grounds. Retired justice Khampepe dismissed those initial bids on January 30.
- Zuma and Mbeki challenged Khampepe’s impartiality, arguing that her previous roles, including serving on the TRC and as deputy national director of public prosecutions, created a conflict of interest.
- However, the court did not assess the merits of their claims about bias. Instead, the application was dismissed on procedural grounds, meaning the case failed due to legal technicalities rather than the substance of the argument.
- The applicants failed to follow the law by not seeking permission from chief justice Mandisa Maya before taking legal action against a judge, as required by section 47 of the Superior Courts Act.
- The judgement reinforced that section 47 exists to protect judicial independence and applies even to retired judges such as Khampepe. The court agreed with the arguments that, without such protection, judges could be vulnerable to legal attacks when performing public functions.
Sowetan
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