Ex-Presidents lose ConCourt challenge over TRC inquiry

Former Presidents Jacob Zuma and Thabo Mbeki have failed in their latest attempt to have retired judge Sisi Khampepe removed as chairperson of the inquiry into alleged political suppression of investigations and prosecutions of apartheid-era crimes outlined in the Truth and Reconciliation Commission (TRC) report. The Constitutional Court today dismissed their review application, which effectively means that Zuma and Mbeki will now have to appear before the commission as witnesses. The Citizen reports that the legal challenge followed a ruling by the Gauteng High Court (Johannesburg) that dismissed Zuma and Mbeki’s bid to have Khampepe recused from the commission of inquiry. The two former Presidents had raised concerns about Khampepe’s past involvement in the TRC Amnesty Committee, as well as her previous position as deputy director of the National Prosecuting Authority (NPA) during the 1990s. They maintained that her earlier roles created a reasonable perception that she could be biased in dealing with matters before the TRC cases inquiry. However, the High Court found that the application had failed to meet a procedural requirement under Section 47(1) of the Superior Courts Act. The provision requires the Chief Justice’s consent before civil proceedings can be brought against a judge. Constitutional Court Judge Leona Theron indicated that three judgments were penned on the matter. The first judgment, supported by four judges, including Theron, noted that Khampepe had rejected Zuma and Mbeki’s initial application for her recusal on the basis that the two former Presidents failed to demonstrate a connection between her past work and the inquiry. She emphasised that the commission’s mandate was to inquire into alleged efforts to suppress the TRC cases for the period since 2003. 'Commissioner Khampepe found that a temporal boundary existed between this period and her tenure at the TRC and the NPA, which ended on or before 2001,’ Theron remarked.