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Concourt dismisses Zuma and Mbeki bid to remove Khampepe from TRC inquiry
ZA🏛️ PoliticsCenter9/1/2026

Concourt dismisses Zuma and Mbeki bid to remove Khampepe from TRC inquiry

The Constitutional Court of South Africa has dismissed an application by former Presidents Jacob Zuma and Thabo Mbeki to have retired Justice Sisi Khampepe removed from a judicial commission investigating alleged political interference in apartheid-era Truth and Reconciliation Commission (TRC) cases. The court allowed Khampepe to remain as chairperson of the inquiry but granted Zuma and Mbeki leave to appeal the High Court's ruling. The justices ruled that the High Court lacked jurisdiction to consider the recusal application without prior permission, as Khampepe is a retired judge. Zuma and Mbeki argued that Khampepe's past roles at the National Prosecuting Authority and involvement in TRC hearings created a conflict of interest, but the court rejected these claims. They also criticized the decision to publish only the majority judgment and not include dissenting opinions, arguing it limited public access to legal reasoning.

The Constitutional Court has ruled against former presidents Jacob Zuma and Thabo Mbeki’s attempt to have retired Justice Sisi Khampepe recused from a judicial inquiry into alleged political interference in post-Truth and Reconciliation Commission (TRC) prosecutions. The court dismissed their application on Monday, allowing Khampepe to retain her position as chairperson of the Judicial Commission of Inquiry. The inquiry, established by President Cyril Ramaphosa in May 2025, investigates claims that political influence obstructed the prosecution of apartheid-era crimes referred for further action after the TRC process. The court granted Zuma and Mbeki leave to appeal the High Court’s earlier dismissal of their recusal application. Justice Leona Valerie Theron, who delivered the judgment, stated that the High Court’s order was set aside and replaced. She emphasized that the application to review the ruling delivered on 30 January 2026 by the chairperson of the inquiry was dismissed. Theron also noted that the former presidents had failed to comply with Section 47(1) of the Superior Courts Act 10 of 2013, which governs the procedures for such applications. As a result, both former heads of state were ordered to bear the legal costs associated with the case. Zuma and Mbeki had argued that Khampepe’s past roles at the National Prosecuting Authority (NPA) and her participation in earlier TRC hearings created a reasonable apprehension of bias. They contended that these overlapping responsibilities placed her in a position to potentially disadvantage her former organization and colleagues. However, the High Court had previously determined that it lacked jurisdiction to address the recusal application without prior permission, citing Khampepe’s status as a retired judge. This stance was upheld in the majority judgment, which was supported by two other justices. In their challenge, Zuma and Mbeki also criticized the court’s decision to issue only the majority judgment without including the dissenting opinion. They argued that this approach unjustifiably limited the constitutional rights of the applicants and the public, undermining the principles of justice and the rule of law. They claimed that the majority judgment breached the principle of addressing the merits of their application, resulting in a fundamental failure of justice. The inquiry, which includes Khampepe, retired Northern Cape Judge President Frans Kgomo, and advocate Andrea Gabriel, SC, continues its work despite the recusal bid. The commission is examining allegations that political interference influenced decisions to halt prosecutions of apartheid-era crimes. The inquiry is expected to conclude its work by December, with the former presidents anticipated to testify on the matter. The commission’s spokesperson, Lionel Adendorf, confirmed that the ruling clears the way for the inquiry to proceed with its remaining tasks, including witness summoning, evidence collection, and report preparation. The inquiry has also heard testimony regarding an alleged “backdoor” amnesty deal between old-guard apartheid generals and the incoming democratic government. Lukhanyo Calata has accused the African National Congress (ANC) of betraying victims' families by halting prosecutions due to a secret agreement with apartheid-era leaders. A newly declassified memo from the final apartheid Cabinet meeting, held 48 hours before the 1994 elections, reveals that then-president FW de Klerk informed attendees that Nelson Mandela and the ANC had agreed to grant immunity from prosecution for politically motivated crimes. Advocate Howard Varney, representing victims’ families, argued that the former presidents were under a “moral obligation” to reveal information about the matters under investigation. He called on them to return to the inquiry and provide their accounts. Despite these calls, Zuma and Mbeki have continued to deny any political interference in post-TRC prosecutions, asserting that their actions were purely legal and based on concerns over impartiality. The inquiry’s continuation underscores the ongoing scrutiny of historical accountability and the challenges of achieving justice in complex political contexts.

How this report was made. Objective News wrote this report from 2 source articles, using AI-assisted synthesis under our methodology. It is our own text, not a copy of any single outlet. Read our methodology.

Responsible editor: Matej BašaSpotted an error? Report it

5 reports

Daily Maverick logoDaily MaverickIndependentCenterFactual 95Objective 858/31/2026
TRC ROULETTE: Ex-presidents fail in bid to remove Sisi Khampepe as head of judicial inquiry

Former South African Presidents Thabo Mbeki and Jacob Zuma were ordered to appear before Judge Sisi Khampepe, who leads an inquiry into unresolved matters from the Truth and Reconciliation Commission (TRC). The Constitutional Court rejected their request for Khampepe's recusal, citing her past roles at the TRC and National Prosecuting Authority could create a conflict of interest. While the court acknowledged potential bias concerns, a minority judgment suggested she should have been recused. The majority ruled against recusal, emphasizing that the application lacked sufficient grounds. The inquiry, established by President Cyril Ramaphosa, includes Khampepe, Judge Frans Kgomo, and advocate Andrea Gabriel. Mbeki and Zuma have consistently opposed the inquiry, alleging political interference, while the commission is examining allegations of a secret amnesty deal involving former apartheid leaders.

Bias read (Center): The article presents a balanced account of the legal arguments surrounding Khampepe's recusal, including both the majority and minority judgments. It reports on the positions of multiple stakeholders, former presidents, the current president, and judicial figures, without overtly favoring one side. It

Why factuality (95): The article accurately summarizes the Constitutional Court's dismissal of Zuma and Mbeki's recusal bid, citing the court's decision to resolve the matter directly. It mentions the minority judgment and the reasoning around Khampepe's potential bias, aligning closely with the cross-source consensus f

Why objectivity (85): The article maintains a neutral tone overall, presenting facts without overtly favoring either side. However, phrases like 'pushed back against the inquiry' may slightly imply opposition, though it remains mostly balanced.

IOL (Independent Online) logoIOL (Independent Online)Party-alignedCenterFactual 90Objective 908/31/2026
Khampepe inquiry to continue after Zuma and Mbeki recusal bid ruling

The Khampepe Commission of Inquiry, investigating political suppression of investigations into apartheid-era Truth and Reconciliation Commission (TRC) cases, will proceed after the Constitutional Court rejected former Presidents Jacob Zuma and Thabo Mbeki's attempt to recuse Justice Sisi Khampepe from presiding over the inquiry. The court ruled that Zuma and Mbeki failed to meet procedural requirements under the Superior Courts Act and did not demonstrate actual or perceived bias by Justice Khampepe. The inquiry will now move forward with plans to call witnesses, gather evidence, and prepare a report to be submitted to the President by December. Both former leaders are expected to testify regarding alleged political interference in TRC-related matters. The court also denied Zuma and Mbeki's request for punitive costs against Justice Khampepe and ordered them to cover legal costs incurred by the commission.

Bias read (Center): The article presents the court's ruling and the subsequent steps of the inquiry in a neutral manner, citing the court's findings and the commission's planned actions without apparent ideological framing or biased language. It reports on the legal arguments and outcomes objectively, without favoringZ

Why factuality (90): The article accurately reports the Constitutional Court's decision to allow the inquiry to proceed and quotes Justice Theron's comments on granting leave to appeal. It references the procedural failure under Section 47 of the Superior Courts Act, which aligns with the cross-source consensus.

Why objectivity (90): The article presents information objectively, quoting statements from the commission's spokesperson and the court. It avoids taking sides and provides a clear summary of the court's decision and next steps.

IOL (Independent Online) logoIOL (Independent Online)Party-alignedCenterFactual 90Objective 858/31/2026
Concourt dismisses Zuma and Mbeki bid to remove Khampepe from TRC inquiry

The Constitutional Court of South Africa has dismissed an application by former Presidents Jacob Zuma and Thabo Mbeki to have retired Justice Sisi Khampepe removed from a judicial commission investigating alleged political interference in apartheid-era Truth and Reconciliation Commission (TRC) cases. The court allowed Khampepe to remain as chairperson of the inquiry but granted Zuma and Mbeki leave to appeal the High Court's ruling. The justices ruled that the High Court lacked jurisdiction to consider the recusal application without prior permission, as Khampepe is a retired judge. Zuma and Mbeki argued that Khampepe's past roles at the National Prosecuting Authority and involvement in TRC hearings created a conflict of interest, but the court rejected these claims. They also criticized the decision to publish only the majority judgment and not include dissenting opinions, arguing it limited public access to legal reasoning.

Bias read (Center): The article presents the legal arguments from both sides, Zuma and Mbeki challenging the recusal decision and the court defending its jurisdiction and procedural decisions. It does not take a clear ideological stance, instead focusing on the legal process and the court's rulings. The framing remains

Why factuality (90): The article accurately reports the Constitutional Court's decision to allow Khampepe to remain as chairperson and grants leave to appeal. It includes direct quotes from Justice Theron and details about the procedural aspects of the case, aligning with the cross-source consensus.

Why objectivity (85): The article maintains a neutral tone, summarizing the court's decision and the legal arguments without overt bias. Some repetition and minor phrasing choices may slightly affect perceived neutrality.

IOL (Independent Online) logoIOL (Independent Online)Party-alignedCenterFactual 90Objective 858/31/2026
ConCourt dismisses Zuma & Mbeki bid to remove Khampepe from TRC inquiry

The Constitutional Court of South Africa has rejected the request by former President Jacob Zuma and ex-President Thabo Mbeki to have retired Justice Sisi Khampepe removed from leading an inquiry into alleged political interference in apartheid-era Truth and Reconciliation Commission (TRC) cases. The court allowed Khampepe to continue as chairperson of the Judicial Commission of Inquiry but granted Zuma and Mbeki leave to appeal the High Court's decision. The High Court previously ruled that it lacked jurisdiction to handle the recusal application due to Khampepe being a retired judge. Zuma and Mbeki claimed that Khampepe's past roles in the National Prosecuting Authority and TRC hearings created a reasonable concern about bias. They also criticized the High Court for issuing a majority judgment without including a dissenting opinion, arguing this limits public access to legal reasoning.

Bias read (Center): The article presents the court's decision and the arguments from both sides without overtly favoring either Zuma/Mbeki or Khampepe. It reports the legal reasoning and procedural aspects neutrally, without loaded language or selective emphasis on one perspective over another.

Why factuality (90): The article accurately reports the Constitutional Court's decision to dismiss the recusal bid and grant leave to appeal. It includes direct quotes from Justice Theron and details about the procedural aspects of the case, matching the cross-source consensus.

Why objectivity (85): The article is largely neutral, focusing on the court's decision and the legal arguments presented. However, some repetition and minor phrasing choices may slightly affect perceived neutrality.

IOL (Independent Online) logoIOL (Independent Online)Party-alignedProgressiveFactual 85Objective 759/1/2026
Zuma, Mbeki lose Khampepe recusal bid as Zuma Foundation plans further action

The Jacob Zuma Foundation has announced plans to continue challenging a Constitutional Court ruling that rejected their request for Justice Sisi Khampepe to recuse herself from leading the Khampepe Commission of Inquiry. This commission is investigating political suppression related to the Truth and Reconciliation Commission (TRC) cases. While the court denied the recusal application, the foundation intends to pursue further legal actions, including filing a criminal complaint against Khampepe with the South African Police Service (SAPS) and submitting a formal complaint to the Judicial Service Commission regarding her conduct. The commission's spokesperson expressed optimism about completing pending tasks and submitting a final report to the President by December. The court also allowed the former presidents to appeal directly to the Constitutional Court, citing procedural failures in their initial application.

Bias read (Progressive): The article frames the ongoing legal challenges as a continuation of efforts to hold officials accountable, emphasizing the foundation's pursuit of justice through multiple legal channels. It highlights the perceived unethical behavior of Khampepe and the potential implications for the integrity of

Why factuality (85): The article accurately reports the Constitutional Court's decision and the Zuma Foundation's plan to challenge the ruling. It includes quotes from the foundation's spokesperson and the commission's response, aligning with the cross-source consensus, though some details are less elaborated.

Why objectivity (75): The article leans slightly towards the Zuma Foundation's perspective by highlighting their planned actions and using terms like 'unethical conduct,' which may introduce a subtle bias despite reporting factual developments.

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