The Constitutional Court has set next month for hearing the legal challenge by former presidents Thabo Mbeki and Jacob Zuma seeking to have retired justice Sisi Khampepe removed as chair of a commission probing allegations of political interference in the delay of prosecutions of apartheid-era crimes.
The case will be the biggest legal test of section 47 of Superior Courts Act, which states litigants in civil proceedings have to seek permission before instituting litigation against a judge. The provision stands as a shield protecting judges from frivolous litigation.
The case now before the highest court marks a crucial moment for the court to provide clarity on whether retired judges chairing judicial commissions of inquiry enjoy the same legal shield as sitting judges do.
The former presidents’ failure to obtain permission from chief justice Mandisa Maya before litigating against Khampepe led to the case being dismissed without consideration of the merits, in a majority judgment penned by judge Thifhelimbilu Mudau in March, in the high court in Johannesburg.
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