Khampepe dismisses Zuma and Mbeki bid for her recusal

Former presidents Jacob Zuma and Thabo Mbeki have failed in their attempt to recuse retired justice Sisi Khampepe from chairing the commission of inquiry into allegations that attempts were made to stop the investigation or prosecution of Truth and Reconciliation Commission (TRC) cases.

 Zuma and Mbeki filed separate applications to recuse Khampepe earlier this month.

Applications

In their papers, the duo argued that Khampepe previously served on the TRC Amnesty Committee and later as Deputy National Director of Public Prosecutions under then-NDPP Bulelani Ngcuka.

They contend that these roles give rise to a “material and disqualifying conflict of interest” regarding the commission’s subject matter and mandate.

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‘Dismissed’

However, on Friday, Khampepe ruled that both applications for her recusal, brought by former presidents Jacob Zuma and Thabo Mbeki, “must be dismissed.”

Delivering the ruling on Friday, Khampepe said the former presidents had failed to establish “any reasonable apprehension of bias” and unreasonably delayed bringing their recusal applications.

TRC commission spokesperson Lionel Adendorf told The Citizen that the proceedings can now continue.

“The commissioners of the TRC cases inquiry have always been geared up for the task to which they have been employed, or they were appointed.

“Now this recusal application is also out of the way, they are ready to get evidence to see what our evidence leaders could gather over the last 6 months and to then get down to the real business of the um, commission,” Adendorf said.

‘Secret emails’

Earlier this month, Zuma claimed that emails show that Khampepe, “secretly” wrote to evidence leader Advocate Ishmael Semenya, advising him of research that would be helpful in responding to an application for his recusal, which she later dismissed.

Last year, President Cyril Ramaphosa appointed Justice Khampepe to chair a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes.

This, after about 23 families sued him for R167 million in damages over extensive delays in prosecuting apartheid-era crimes recommended by the TRC.

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