Zuma and Mbeki Take Fight Over Apartheid-Era Prosecutions Commission to High Court
Former South African presidents Jacob Zuma and Thabo Mbeki have launched a high-stakes legal challenge seeking the recusal of retired Constitutional Court judge Sisi Khampepe from the commission probing the failure to investigate and prosecute apartheid-era crimes.
The duo is asking the Gauteng High Court to overturn Justice Khampepe’s January ruling refusing to step aside.
They argue that her prior roles including serving on the original Truth and Reconciliation Commission’s amnesty committee and as Deputy National Director of Public Prosecutions create a “reasonable apprehension of bias” in a process that could revisit decisions from their administrations.
Zuma’s papers accuse Justice Khampepe of bias and misconduct, alleging she improperly advised the commission’s chief evidence leader and pointing to her authorship of judgments that had adverse consequences for him in the past. Mbeki’s application goes further, seeking to have President Cyril Ramaphosa withdraw the appointment and void the commission’s decisions made under her leadership. .
Supporters of the inquiry, including families of apartheid-era victims, have condemned the challenge as delaying tactics that undermine accountability nearly three decades after apartheid’s end. They warn that a prolonged review could jeopardise the commission’s work and delay justice for survivors.
The commission, established in May 2025 by President Ramaphosa to examine alleged political interference in prosecuting cases referred by the TRC, has already resumed hearings. Advocates for transparency have even called for Zuma and Mbeki to testify about their knowledge of why apartheid-era prosecutions stalled.