Zuma and Mbeki lose bid to recuse Khampepe from TRC inquiry in Constitutional Court ruling
Former presidents Jacob Zuma and Thabo Mbeki have failed in their attempt to remove retired judge Sisi Khampepe as chairperson of the Truth and Reconciliation Commission TRC cases inquiry. The Constitutional Court ConCourt dismissed their review application on Monday, August 31, 2026. The legal challenge followed a Gauteng High Court ruling that also dismissed their bid to recuse Khampepe from the commission, which was established to investigate the political suppression of investigations and prosecutions of apartheid-era crimes outlined in the TRC report. Zuma and Mbeki had raised concerns about Khampepe鈥檚 past involvement in the TRC Amnesty Committee and her previous position as deputy director of the National Prosecuting Authority NPA during the 1990s, arguing these roles created a perception of bias. The High Court had found their application failed to meet a procedural requirement under Section 471 of the Superior Courts Act, which requires the Chief Justice鈥檚 consent for civil proceedings against a judge. ConCourt Judge Leona Theron indicated that three judgments were penned on the matter. While one judgment, supported by four judges, suggested Khampepe should be recused due to a reasonable perception of bias, the second judgment, also supported by four judges, found that Zuma and Mbeki had not sufficiently proven Khampepe's bias, dismissing the review application. The third judgment also agreed with the dismissal of Zuma and Mbeki鈥檚 review case, though on different gro
