South Africa Constitutional Court dismisses Zuma and Mbeki bid to remove TRC inquiry chair

South Africa’s Constitutional Court has dismissed an application by former presidents Jacob Zuma and Thabo Mbeki to remove retired Justice Sisi Khampepe as the chairperson of the inquiry into Truth and Reconciliation Commission (TRC) cases. The former presidents had argued that Khampepe’s previous roles within the TRC’s Amnesty Committee and the National Prosecuting Authority created a reasonable apprehension of bias.

The court’s ruling allows the commission to proceed with its investigation into whether political or other pressures were used to obstruct investigations or prosecutions arising from apartheid-era cases. The inquiry aims to determine why few TRC-referred cases successfully moved through the criminal justice system.

While the Foundation for Human Rights welcomed the decision, stating it clears the way for the commission to continue its work and potentially cross-examine the former presidents, the Zuma Foundation has rejected claims that the former president is attempting to avoid the commission. The foundation maintains that the legal challenge was strictly regarding the alleged bias of the chairperson.