Former President Zuma Challenges Inquiry Chair
Former South African President Jacob Zuma has initiated a fresh urgent application in the High Court, aiming to compel the recusal of Justice Sisi Khampepe from her role as chairperson of the Judicial Commission of Inquiry into alleged efforts to stop the investigation or prosecution of Truth and Reconciliation Commission (TRC) cases. This latest legal maneuver follows Justice Khampepe's recent dismissal of Zuma's initial application for her recusal, along with a similar application from former President Thabo Mbeki.
The new application seeks to declare Khampepe's decision to reject the recusal bids as unconstitutional. Oral evidence hearings for the TRC cases Inquiry are scheduled to commence next week, around February 11, 2026.
Grounds for Alleged Bias
Zuma's legal team, led by Advocate Dali Mpofu SC, argues that Justice Khampepe is biased and conflicted, citing her historical involvement with the TRC Amnesty Committee and as a former deputy national director of public prosecutions. Furthermore, Zuma contends that Khampepe's authorship of previous judgments involving him, particularly the Constitutional Court judgment in July 2021 that led to his imprisonment for contempt of court related to the Zondo Commission, renders her tainted.
Justice Khampepe, in her ruling delivered in January 2026, dismissed these claims, stating that neither Zuma nor Mbeki had established actual bias or a reasonable apprehension of bias. She also noted that both applicants had delayed unreasonably in bringing their applications.
The TRC Cases Inquiry and its Mandate
The Judicial Commission of Inquiry into alleged efforts to stop the investigation or prosecution of Truth and Reconciliation Commission (TRC) cases was established to investigate potential political interference and obstruction in the post-TRC prosecution of apartheid-era crimes. This inquiry is distinct from the Madlanga Commission, which is chaired by Justice Mbuyiseli Madlanga and focuses on criminality, political interference, and corruption within the criminal justice system.
The current challenge by Zuma adds another layer to his extensive history of legal battles in South Africa.
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