Khampepe to remain at helm of TRC inquiry after ConCourt ruling

Retired Justice, Sisi Khampepe, will remain chairperson of the Truth and Reconciliation Commission (TRC) Cases Inquiry after a bid to have her recused was dismissed.

The Constitutional Court on Monday dismissed former presidents, Jacob Zuma and Thabo Mbeki’s application, in which they argued that Khampepe’s previous roles at the Truth and Reconciliation Commission and the National Prosecuting Authority (NPA) created a reasonable apprehension of bias.

While the court was divided on whether the circumstances established bias, it ultimately dismissed the application to review Khampepe’s decision not to recuse herself.

The court also unanimously ruled that a requirement for consent before civil proceedings can be instituted against judges does not apply to Khampepe because she is retired.

Khampepe served on the TRC between 1995 and 2001, including as a member of its Amnesty Committee. She later served as Deputy National Director of Public Prosecutions, during which time the NPA was dealing with TRC-related cases.

Speaking outside the apex court, TRC inquiry spokesperson, Lionel Adendorf, said the ruling allows the commission to resume its work with about six weeks remaining before its mandate expires.

“The TRC Cases Inquiry is very relieved that it can now continue with its work,” Adendorf said.

He says Zuma and Mbeki could be approached to help the inquiry understand the oversight they exercised while they were at the helm of government.

“They are important to our work. It is important to get them to help us understand… It is important that we get the presidents who were at the helm at the time to understand what oversight they provided,” he said.

Adendorf says it is too early to confirm whether the former presidents will be subpoenaed, but the commission will now reassess how it proceeds.

The inquiry, which is probing alleged interference in the investigation and prosecution of apartheid-era crimes, has so far heard 80 days of testimony from several high-profile witnesses. 

🚨𝗝𝗨𝗦𝗧 𝗜𝗡‼️

These arrogant self absorbed old men [Mbeki & Zuma] lost a Khampepe recusal case at the CC.

They must go and account as to why they folded their arms and refused to investigate apartheid era crimes during their era.

Dali Mpofu loses at CC for the 28th time… pic.twitter.com/nrHYSH6Pm8

— Constitution First 🇿🇦 (@Constitution_94) August 31, 2026