By Lehlohonolo Lehana.
The TRC commission chairperson Justice Sisi Khampepe has dismissed the attempts by former presidents Jacob Zuma and Thabo Mbeki to secure her recusal, 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.
The commission was established in May 2025 as part of a settlement agreement in a court case brought by families of people who were victims of crimes committed during apartheid.
It is chaired by Khampepe, assisted by retired Northern Cape Judge President Frans Diale Kgomo and Adv. Andrea Gabriel SC.
According to the proclamation notice 302 of 2025, the TRC Cases Inquiry must conclude its work by Friday, May 29, 2026, and submit its report to the president within 60 days after the date on which it completes its work.
The duo argued that Khampepe 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.
Zuma further alleged that Khampepe engaged in serious misconduct related to a recent recusal application involving the commission’s Chief Evidence Leader, Advocate Ishmael Semenya SC.
However, on Friday, Khampepe ruled that both applications for her recusal, “must be dismissed.”
Khampepe has given three reasons for her decision to dismiss the recusal applications by the former presidents.
She cited that they delayed unreasonably and failed to provide proper explanations.
Khampepe also dismissed arguments by Zuma that she made adverse findings against him in the Constitutional Court which resulted in his arrest in 2021.
She said that there was also no explanation given by Mbeki for his delay in bringing a recusal application saying it seems that if Zuma did not apply Mbeki would not be seeking her recusal.
The retired justice said that the time bound nature of the commission’s work dictates that it must continue uninterrupted.
The TRC, established 30 years ago as part of South Africa’s restorative justice process, aimed to unite victims and perpetrators of apartheid crimes through truth, accountability, and forgiveness.