Constitutional Court dismisses Zuma and Mbeki bid to remove Khampepe from TRC Inquiry

The Constitutional Court has dismissed an application by former presidents Jacob Zuma and Thabo Mbeki seeking the recusal of Justice Sisi Khampepe as chairperson of the Truth and Reconciliation Commission (TRC) inquiry.

The former presidents had challenged Khampepe's continued role in the inquiry, which is examining the handling of unresolved cases arising from the Truth and Reconciliation Commission process.

Their application followed a legal battle in the High Court over whether the court had jurisdiction to hear their bid to have Khampepe removed.

The Commission respondents had raised a preliminary point, arguing that the High Court could not entertain the review application in terms of Section 47(1) of the Superior Courts Act.

The provision states that civil proceedings may not be instituted against a judge of a superior court without the consent of the head of that court.

Zuma and Mbeki had not sought or obtained the Chief Justice's consent before launching their application.

A full bench of the High Court delivered split judgments on the matter, with the majority upholding the preliminary objection and dismissing the application without considering its merits.

The majority found that Section 47(1) applies to all civil proceedings, including review applications, and does not distinguish between serving and retired judges.

It further held that Khampepe's role as chairperson of the commission of inquiry amounted to judicial service.

However, the minority disagreed, describing the interpretation as overly formalistic.

The minority held that recusal applications do not constitute new civil proceedings against a judge but arise within existing proceedings and should therefore not trigger the consent requirement.

The matter was subsequently taken to the Constitutional Court, where Zuma and Mbeki sought to challenge the High Court's ruling.

The apex court has now dismissed their application, bringing an end to their bid to have Khampepe recused from chairing the inquiry.

The Constitutional Court has on Monday dismissed an application by former presidents Jacob Zuma and Thabo Mbeki seeking the recusal of Justice Sisi Khampepe as chairperson of the Truth and Reconciliation Commission (TRC) inquiry.

The former presidents had challenged Khampepe's continued role in the inquiry, which is examining the handling of unresolved cases arising from the Truth and Reconciliation Commission process.

Their application followed a legal battle in the High Court over whether the court had jurisdiction to hear their bid to have Khampepe removed.

The Commission respondents had raised a preliminary point, arguing that the High Court could not entertain the review application in terms of Section 47(1) of the Superior Courts Act.

The provision states that civil proceedings may not be instituted against a judge of a superior court without the consent of the head of that court.

Zuma and Mbeki had not sought or obtained the Chief Justice's consent before launching their application.

A full bench of the High Court delivered split judgments on the matter, with the majority upholding the preliminary objection and dismissing the application without considering its merits.

The majority found that Section 47(1) applies to all civil proceedings, including review applications, and does not distinguish between serving and retired judges.

It further held that Khampepe's role as chairperson of the commission of inquiry amounted to judicial service.

However, the minority disagreed, describing the interpretation as overly formalistic.

The minority held that recusal applications do not constitute new civil proceedings against a judge but arise within existing proceedings and should therefore not trigger the consent requirement.

The matter was subsequently taken to the Constitutional Court, where Zuma and Mbeki sought to challenge the High Court's ruling.

The apex court has now dismissed their application, bringing an end to their bid to have Khampepe recused from chairing the inquiry.