State, NPA and victims’ families push for evidence leader’s recusal from Khampepe Commission

Pressure is mounting on Advocate, Ishmael Semenya, to step aside as Chief Evidence Leader of the Khampepe Commission, with the National Prosecuting Authority (NPA), the Department of Justice, and families of apartheid victims jointly arguing that his past involvement in shaping the NPA’s now-disputed TRC prosecution policy creates a serious risk of perceived bias.

The Commission — chaired by Justice Sisi Khampepe — is investigating claims that the state deliberately stalled the prosecution of apartheid-era TRC cases. Central to Wednesday’s proceedings was whether Semenya can act impartially, given his advisory role on the same policy the Commission is now probing.

Judgment on the recusal application has been reserved, with further submissions expected on Friday.

The NPA led the call for Semenya to recuse himself. Its representative, Makhosi Gwala, argued that as evidence leader, Semenya effectively shapes the record the Commission will rely on — and that his access to confidential information about the 2005 TRC policy risks compromising the process, even if unintentionally.

Families of apartheid victims backed the recusal bid.

Their lawyer, Advocate Howard Varney, criticised the NPA for only raising concerns now, despite knowing for months about Semenya’s involvement in the 2005 policy.

He said any confidentiality issues could have been managed without disrupting the inquiry.

Varney warned that further delays threaten to undermine long-awaited justice for victims’ families.

The Department of Justice added that Semenya’s previous representation of former Justice Ministers Jeff Radebe and Michael Masutha — both involved in TRC-related policy decisions later ruled unconstitutional — creates a conflict of interest. Department representative Kgomotso Moroka also criticised Semenya’s written argument suggesting that impartiality is not required of an evidence leader, calling it “alarming.”

She stressed that the issue is not actual bias but the reasonable perception of bias, given Semenya’s direct links to the policy and officials under scrutiny.

Justice Khampepe adjourned the hearing, leaving the future of the Commission’s evidence leadership uncertain ahead of Friday’s responses.

Written by: Lebohang Ndashe