By Lehlohonolo Lehana.
The Umkhonto weSizwe leader Jacob Zuma has filed an application to have Justice Sisi Khampepe removed from the TRC Cases Commission if he were to appear before the inquiry.
Zuma argues that the process is “tainted” by judicial bias and unconstitutional conduct, pointing to Khampepe’s role in the court decision that jailed him in 2021 for contempt during another commission inquiry.
The commission has already encountered scheduling and legal challenges, with other high‑profile figures also seeking recusal rulings.
It 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.
The commission is chaired by Khampepe. She is assisted by retired Northern Cape Judge President Frans Diale Kgomo and Adv. Andrea Gabriel SC.
Fullview reported that the commission has written to presidency to request an extension amid delays.
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.
Zuma’s demand adds to the legal contest around the commission’s work, as it pushes to complete hearings and produce its report by mid‑2026.
In a statement, the Jacob Zuma Foundation said its patron concurred with former president Thabo Mbeki’s view that Justice Khampepe is conflicted, citing her previous roles as a member of the TRC Amnesty Committee and later as Deputy National Director of Public Prosecutions (NDPP).
“It is contended that these roles give rise to a material and disqualifying conflict of interest in relation to the subject matter and mandate of the Commission,” the foundation said.
The foundation further alleged that Justice Khampepe engaged in serious misconduct related to a recent recusal application involving the commission’s Chief Evidence Leader, Advocate Ishmael Semenya SC.
“It is alleged that she provided undisclosed legal advice to Adv Semenya SC, including guidance on issues to address and submissions to advance through his legal representative, Advocate Vas Soni SC, in order to defeat the recusal application over which she was to preside,” it said.
If proven, the foundation argued, such conduct would constitute a grave breach of judicial ethics, undermine the principle of audi alteram partem, and compromise the appearance of impartiality.
It added that Zuma would refer the matter separately to the Judicial Service Commission.
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.