TRC inquiry set to begin after Zuma and Mbeki fail to recuse Khampepe

President Cyril Ramaphosa appointed Justice Khampepe last year to chair a judicial commission of inquiry.


The commission of inquiry into allegations that attempts were made to stop the investigation or prosecution of Truth and Reconciliation Commission (TRC) cases is expected to resume later this month after former presidents Jacob Zuma and Thabo Mbeki failed in their applications to halt the hearings.

Zuma and Thabo Mbeki failed in their attempt to recuse retired justice Sisi Khampepe from chairing the commission last month.

Inquiry

President Cyril Ramaphosa appointed Justice Khampepe last year 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.

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Ready to begin

TRC spokesperson Lionel Adendorf said the commission is ready to begin the inquiry.

“Following the conclusion of the third pre-hearing consultation, all interested and affected parties who were in attendance agreed that the hearings of oral evidence by the Judicial Commission of Inquiry into Allegations Regarding Efforts or Attempts to Stop the Investigation or Prosecution of Truth and Reconciliation Commission Cases should commence on Wednesday, 11 February 2026.”

Adendorf said Zuma and Mbeki are reviewing the judgment.

“While the legal representatives of former President Thabo Mbeki and former President Jacob Zuma notified the meeting of their intention to seek a judicial review of the recent ruling on their application for the recusal of the Inquiry’s Chairperson, Justice Sisi Khampepe, the hearings will continue as planned, unless interdicted to do otherwise.”

Applications

In their papers, the duo argued that Khampepe previously served on the TRC Amnesty Committee and later as Deputy National Director of Public Prosecutions under then-NDPP Bulelani Ngcuka.

They contend that these roles give rise to a “material and disqualifying conflict of interest” regarding the commission’s subject matter and mandate.

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