Khampepe Inquiry delayed amid calls for evidence leader’s recusal

November 10, 2025 8

The long-awaited Khampepe Commission of Inquiry — established to probe allegations of political interference in the prosecution of apartheid-era crimes — has been delayed by two weeks.

The hearings, scheduled to begin on Monday morning at the Sci-Bono Discovery Centre in Newtown, were abruptly halted after several legal representatives questioned the appointment of evidence leader, Advocate Ishmael Semenya, calling for his recusal.

Advocate Kgomotso Moroka, from the Department of Justice told the commission that while objections had been raised, no formal recusal application had been filed at the time.

Semenya previously served as legal counsel and advisor to the National Prosecuting Authority (NPA) assisting in leading evidence for eight witnesses alongside advocate Howard Varney in earlier proceedings.

Commission Chairperson, Justice Sisi Khampepe, directed the NPA and the Department of Justice to submit their founding papers by Wednesday, with written arguments due next Monday and oral arguments scheduled for Wednesday.

The recusal application stems from Semenya’s role in developing the NPA’s controversial 2008 policy, which outlined how apartheid-era and other conflict-related offences should be handled. The policy, currently under legal challenge, has been cited as enabling potential political interference in TRC-related prosecutions.

Commission spokesperson, Lionel Adendorf, acknowledged the delay, emphasizing the importance of a fair and transparent process.

Adendorf said that while Semenya’s involvement in the 2008 policy was known, it was not initially viewed as a conflict.

The Truth and Reconciliation Commission (TRC), established 30 years ago as part of South Africa’s restorative justice process, aimed to unite victims and perpetrators of apartheid crimes through truth, accountability, and forgiveness.

Families of apartheid victims expressed disappointment at the delay, saying it could undermine public confidence in the inquiry.

Human Settlement minister, Thembi Simelani, and one of the affected family member, whose sister Nokuthula Simelane was abducted in 1983, criticised the state for raising the issue late and accusing authorities of delaying justice.

Another affected family member, Nomarassia Bongase — whose brother was killed in 1993 on the East Rand — described the latest postponement as a deliberate tactic to avoid accountability.