Justice Sisi Khampepe will remain the chairperson of the TRC Commission, after the court turned down an application for her removal.
Image: Itumeleng English / Independent Newspapers
Retired Justice Sisi Khampepe will remain as chairperson of the Judicial Commission of Inquiry to investigate political interference in the investigation and prosecution of Truth and Reconciliation Commission (TRC) cases.
This comes after the Gauteng High Court, Johannesburg on Monday dismissed the legal bid by former presidents Jacob Zuma and Thabo Mbeki to have her recused herself from the commission. Justice Khampepe was appointed by President Cyril Ramaphosa in May last year to head the commission.
It was claimed that a whistleblower revealed that Justice Khampepe colluded with the commission’s evidence leader, Semenya, and gave him advice during an application last year for his recusal from the commission. The claims included that she also told him to give certain “tips” to advocate Vas Soni SC, who had represented him in the recusal application, and that she had “coached” him on how to conduct his case.
Among the grounds sought for Justice Khampepe’s recusal were that she worked for the TRC’s amnesty committee and as Deputy National Director of Public Prosecutions (NDPP) before being appointed to the bench. Zuma sought a declaration from the high court that Justice Khampepe’s dismissal of the recusal application was unconstitutional and invalid, as well as review and set aside the decision.
Alternatively, Zuma has asked the court to review and set aside Justice Khampepe’s decision on the basis of the principle of legality. Mbeki has asked the high court to order that Ramaphosa terminate his appointment of Justice Khampepe and declare all the decisions the commission has taken so far under her null and void.
This is a developing story.