The applicants said the move is not intended to block accountability but to ensure a fair and impartial process.
Former presidents Jacob Zuma and Thabo Mbeki have filed separate applications for the recusal of retired justice Sisi Khampepe from chairing the Judicial Service Commission (JSC) inquiry into allegations of attempts to stop the investigation or prosecution of Truth and Reconciliation Commission (TRC) cases.
Justice Khampepe
Last year, President Cyril Ramaphosa appointed Justice Khampepe to chair a judicial commission of inquiry to determine whether attempts were made to prevent the investigation and prosecution of apartheid-era crimes.
This, after about 23 families sued him for R167 million in damages over extensive delays in prosecuting apartheid-era crimes recommended by the TRC.
Mbeki’s application
Mbeki’s application, supported by four former Cabinet ministers and former deputy cabinet ministers, including Brigitte Mabandla, Charles Nqakula, Thoko Didiza and Ronnie Kasrils, cites alleged conflicts of interest, serious procedural impropriety, misconduct and apprehension of bias.
In the papers, the applicants argued that Khampepe previously served as a member of the TRC Amnesty Committee and later as Deputy National Director of Public Prosecutions under then NDPP Bulelani Ngcuka.
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Allegations
They contend that these roles give rise to a “material and disqualifying conflict of interest” in relation to the subject matter and mandate of the commission.
The applicants further allege that Khampepe engaged in serious misconduct in connection with the recent recusal application concerning Advocate Ishmael Semenya SC, the commission’s chief evidence leader.
“It is alleged that she provided undisclosed legal advice to Adv Semenya SC, including guidance on issues to address and submissions to advance through his legal representative, Advocate Vas Soni SC, in order to defeat the recusal application over which she was to preside,” the applicants argued.
“If established, this conduct constitutes a grave breach of judicial ethics, undermines the principle of audi alteram partem, and fatally compromises the appearance of impartiality.”
Recusal application
In December 2025, the recusal application brought before the Khampepe commission by the National Prosecuting Authority (NPA) and the Department of Justice (DoJ) against Semenya was dismissed.
Zuma, in his application, states that he will refer this alleged conduct separately to the Judicial Service Commission.
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Semenya affidavit
In his answering affidavit, Semenya argued that the contention that the chairperson would not be in a position to be impartial to adjudge the matters defined in the terms of reference (TOR) simply on account of the fact that she was a Deputy NDPP from 1998 to 1999, is without merit.
“The commission is to inquire into interference or attempts to interfere since 2023. The applicants offer no evidence whatsoever why the chairperson’s previous positions would impair her impartiality on issues that are relevant to the terms of reference, nor can they because there is no such evidence,” Semenya argued.
The Mbeki applicants further allege that Khampepe failed to address improper conduct by Semenya arising from a private arrangement entered into with legal representatives of victims, without disclosure to affected parties.
Zuma’s additional grounds
Zuma raised an additional ground based on personal hostility reflected in Khampepe’s prior judgments involving him, culminating in his detention without trial.
He argued that these circumstances reasonably give rise to an “apprehension of bias”.
Zondo commission
Zuma refused to appear before the Zondo Commission of Inquiry into State Capture, on which he was subpoenaed.
The former president was scheduled to appear before the commission from 15 February 2021 to 19 February 2021.
In a letter to the commission, Zuma’s lawyers said he was still awaiting the outcome of his Pretoria High Court application challenging Deputy Chief Justice Raymond Zondo’s decision in November 2020 not to recuse himself from hearing Zuma’s testimony.
The Constitutional Court (ConCourt) ruled that Zuma should appear before the commission and answer questions, but he has vowed not to do so.
Contempt of court
In her judgment in response to the commission’s contempt of court application against Zuma, Justice Khampepe delivered a majority judgment ordering that the former president start serving a 15-month jail term within five days.
The majority of the judges held that Zuma’s public outbursts before and after the contempt proceedings had warranted the sanction of imprisonment.
“The only appropriate sanction is a direct, unsuspended order of imprisonment. The alternative is to effectively sentence the legitimacy of the judiciary to inevitable decay,” Khampepe said.
‘No attack on apartheid victims’
Jacob Zuma Foundation spokesperson Mzwanele Manyi said the recusal application was not an attack on any of the apartheid victims.
“The JGZ Foundation makes it clear that these applications are not an attack on victims of apartheid-era crimes, nor an attempt to obstruct accountability. On the contrary, the applicants affirm their full support for victims’ legitimate pursuit of truth and justice.
“However, a process tainted by conflicts of interest and procedural impropriety cannot deliver justice. Any outcome produced by such a process would be vulnerable to being set aside, to the detriment of victims and the public interest.
“Justice must not only be done, but it must also be seen to be done. The applicants have nothing to conceal and stand ready to participate fully in a lawful, impartial, and credible process, should Justice Khampepe recuse herself or should corrective steps be taken by the appointing authority,” Manyi said.
TRC commission not worried
TRC commission spokesperson Lionel Adendorf said the commission doesn’t view Zuma’s application for the recusal of Khampepe as cause for concern.
“We don’t think that it is something to be concerned about. She (Justice Khampepe) has not seen any oral evidence that has been tabled in front of her. We will await that date and the commissioner will have to decide.
“None of our commissioners appointed themselves. They were appointed by the president, who knew their histories, who knew the roles that they played in our constitutional democracy, and we need to rely on his wisdom that he made the right decision when he made her chair,” Adendorf said.
TRC Commission spokesperson Lionel Adendorf says the commission doesn’t view former President Jacob Zuma’s formal application for the recusal of Justice Sisi Khampepe as cause for concern.
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Oral arguments will be heard on 16 January 2026, with the commission commencing on 27 January.
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