By Lehlohonolo Lehana.
The full bench in the Gauteng High Court is expected to reserve judgment on the application to remove Justice Sisi Khamepe as chairperson of the Truth and Reconciliation Commission (TRC) cases inquiry.
The application is brought by former presidents Thabo Mbeki and Jacob Zuma.
On the first day of the legal battle, the High Court heard arguments from senior counsel representing former presidents.
They are seeking Khampepe’s removal, claiming she failed to make full disclosures regarding her brief tenure at the National Prosecuting Authority (NPA) in the late 1990s.
Advocate Tembeka Ngcukaitobi, representing Khampepe, argued that there was no overlap between her past judicial work and her current role.
He accused Zuma’s legal papers of being “packed with insults” and said Khampepe was being unfairly targeted.
“She is performing a public duty, yet personal attacks have been directed against her with reckless abandon,” Ngcukaitobi argued.
“She has absolutely no one to protect her, let’s be serious. She really has no one to protect her, including the very president who appointed her. She has been left out to dry on her own.”
Ngcukaitobi urged the court to recognise that section 47 of the Superior Courts Act was designed to protect judges in positions like Khampepe’s. He noted that President Cyril Ramaphosa had not opposed the applications by Zuma and Mbeki, leaving Khampepe exposed.
“The applicants have failed to secure the requisite permission for these proceedings in the first instance,” Ngcukaitobi said. “Section 47 was specifically designed to protect judges in her position.”
Advocate Ngwako Maenetje, representing Mbeki, argued that Khampepe was not entitled to judicial protection because she was acting as chairperson of a commission rather than performing judicial functions.
Maenetje insisted that her role was administrative and therefore outside the scope of the protections envisaged in law.
Ramaphosa filed an affidavit agreeing to abide by the court’s decision. His lawyer, Advocate Timothy Bruinders, told the court that the president was not empowered to remove Khampepe, as only the court could do so.
Bruinders said Ramaphosa had not known the full details of Khampepe’s past roles at the National Prosecuting Authority (NPA) and TRC hearings when appointing her. “He would not have appointed her if he was aware, “Bruinders said.
The parties are meanwhile expected to wrap up their final arguments by late afternoon, after which the full bench of judges will reserve judgment.