(The Post News) Lawyers for former Presidents Jacob Zuma and Thabo Mbeki have argued that Justice Sisi Khampepe, Chairperson of the Truth and Reconciliation Commission’s (TRC) Cases Inquiry, is or is likely to be biased due to her previous roles. Khampepe, a retired Constitutional Court Judge, previously served as a member of the Amnesty Committee of the TRC and as Deputy National Director of the National Prosecuting Authority (NPA).
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TRC Commission of Inquiry
The inquiry, established in May 2025, is probing deliberate efforts to frustrate the investigation and prosecution of apartheid-era human rights violations uncovered at the TRC. Counsel for Mbeki, Advocate Nyoko Muvangua, explains that bias could be apprehended because Khampepe was involved in the TRC process and may be incentivized to defend its integrity.
Allegations of Bias and Conflict of Interest
Zuma and Mbeki’s lawyers argue that Sisi Khampepe’s previous roles create a conflict of interest, as she may be perceived as assessing the success or failure of the TRC process. Muvangua states that a reasonable person would apprehend that Khampepe’s involvement in shaping the TRC’s conclusions and prosecutorial pathways may lead to bias.
The application for recusal cites Khampepe’s roles in the TRC Amnesty Committee and NPA as grounds for perceived bias. Zuma’s lawyer, Dali Mpofu, argues that Khampepe’s involvement undermines her independence and impartiality.
Response from the TRC Commission
The TRC Commission’s spokesperson, Lionel Adendorf, says the commission is not concerned about the recusal application and is determined to fulfill its terms of reference. Adendorf emphasizes that Sisi Khampepe was appointed by President Cyril Ramaphosa, who knew her history and roles in the constitutional democracy.
Support for Recusal Application on Sisi Khampepe
Mbeki’s application is supported by former ministers Ronnie Kasrils, Brigitte Mabandla, Thoko Didiza, and Charles Nqakula. They argue that Khampepe’s involvement in the TRC process creates a material and disqualifying conflict of interest.
Opposition to Recusal Application
Advocate Ishmael Semenya, Chief Evidence Leader of the Commission, dismisses the recusal application, saying it lacks merit and is intended to deceive. Semenya argues that Khampepe’s previous roles do not impair her impartiality.
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