South Africa’s top court lets TRC inquiry chair stay on after Zuma, Mbeki challenge fails
?s Constitutional Court has cleared the way for a long-running inquiry into apartheid-era justice cases to continue under retired Justice Sisi Kh...
South Africa’s Constitutional Court has cleared the way for a long-running inquiry into apartheid-era justice cases to continue under retired Justice Sisi Khampepe. The ruling, handed down on Monday, rejected former presidents Jacob Zuma and Thabo Mbeki’s bid to remove her as chair of the TRC Cases Inquiry.
The Foundation for Human Rights welcomed the decision, saying it removes the last major legal hurdle in the way of the commission’s work. Jessie Waldman, speaking for the foundation, said the judgment means the inquiry can proceed as planned. Simple as that.
Court finds no basis for bias claim
Zuma and Mbeki had argued that Khampepe should step aside because of a reasonable apprehension of bias. Their legal challenge focused on her earlier roles in the Truth and Reconciliation Commission process and later at the National Prosecuting Authority, which they said could affect her neutrality.
But the apex court found no evidence to back those claims. Justice Leone Theron delivered the judgment and dismissed the review application against Khampepe’s refusal to recuse herself.
The ruling means Khampepe remains in charge of the Judicial Commission of Inquiry looking into alleged political interference in the prosecution of apartheid-era crimes. The inquiry itself is examining whether there were efforts, or attempts, to stop prosecutions in TRC cases since 2003.
Inquiry resumes with cross-examination ahead
For the commission, the decision removes a serious distraction. For the families waiting for answers, it is even more direct.
Waldman said the attempt by Zuma and Mbeki to halt the commission and avoid testifying had failed. She added that preparations are already under way for the former presidents to be cross-examined.
TRC Cases Inquiry spokesperson Lionel Adendorf also welcomed the ruling, saying the commission’s work is on track and can now call on the two former presidents to assist in understanding what has happened.
The Constitutional Court did grant leave to appeal from the High Court ruling, but it ultimately dismissed the recusal challenge. The inquiry now has six weeks left for its work, according to Waldman, and that window is where the next steps will play out.
What comes next is plain enough: the commission continues, and the former presidents may soon have to answer questions under oath. That prospect, after years of legal wrangling, is now back on the table.
