Survivors and families of victims of apartheid-era crimes, together with the Foundation for Human Rights (FHR), have welcomed the dismissal of applications filed by former Presidents Jacob Zuma and Thabo Mbeki seeking the recusal of Justice Sisi Khampepe as Chairperson of the Judicial Commission of Inquiry into political interference in Truth and Reconciliation Commission (TRC) cases.
The Commission, established by President Cyril Ramaphosa, is tasked with investigating alleged interference and concerted efforts to block the prosecution of cases referred to the National Prosecuting Authority (NPA) by the TRC.
In a statement, FHR Director Dr. Zaid Kimmie said the ruling means both Mbeki and Zuma will now be required to testify before the Commission.
“Justice Khampepe’s judgment was clear and comprehensive, finding that neither Zuma nor Mbeki had demonstrated actual bias or a reasonable apprehension of bias. She also noted that both applications were brought after unreasonable and unexplained delays, which alone warranted dismissal. The ruling reaffirms the well-established legal principle that allegations of bias must be supported by concrete facts, not speculation, conjecture, or dissatisfaction with past judicial decisions,” Dr. Kimmie said.
Justice Khampepe emphasized that judges are presumed to act impartially by virtue of their oath, training, and experience— a presumption that the applicants failed, or fell “remarkably short” of, displacing. She further found that President Zuma produced no evidence of a purported “secret communication” between the Chief Evidence Leader, Advocate Ishmael Semenya SC, and herself regarding Semenya’s recusal application, which was dismissed on 4 December.
“Justice Khampepe dismissed this ground for recusal as an unsubstantiated threat, noting that President Zuma provided no supporting emails or other proof to substantiate his claim of bias,” added Dr. Kimmie.
Zuma’s application was based on the presumption that Justice Khampepe would be biased due to her co-authorship of a previous Constitutional Court judgment that contributed to his imprisonment.
“In dismissing the recusal application, Justice Khampepe highlighted that the judgment was a majority decision, that President Zuma pointed to no part of the judgment indicating bias, and that while he referenced her past interviews, he cited no substantive extracts supporting his claim. Justice Khampepe concluded that the application’s true aim was to denigrate her and delegitimize the Apex Court,” Dr. Kimmie explained.
The FHR described the ruling as a vital reaffirmation that the Commission must be allowed to complete its work without further obstruction.
