Impartiality questioned: Zuma and Mbeki challenge Justice Khampepe’s role in TRC case investigation

The extent of retired Justice Sisi Khampepe’s involvement in the investigation of Truth and Reconciliation Commission (TRC) cases has come under scrutiny following a recusal application filed by two of South Africa's former presidents.

Former Heads of State Thabo Mbeki and Jacob Zuma have brought forward the application, arguing that Khampepe cannot be impartial due to her historical involvement with the TRC during the country's transition to democracy.

A central pillar of the argument made by Mbeki and Zuma is that Justice Khampepe served as one of the 17 TRC commissioners. In this capacity, she was responsible for investigating human rights abuses committed during the apartheid era and providing recommendations for future prosecutions.

During today's proceedings, Mbeki’s legal representative, Advocate Nyoko Muvangua, expanded on these concerns.

Muvangua highlighted that Khampepe also served as the Deputy National Director of Public Prosecutions. During her tenure at the National Prosecuting Authority (NPA), she was part of the Human Rights Unit—a specialised division that defined the NPA’s legal strategy and approach toward TRC-related prosecutions.

The former presidents contend that these previous professional roles create a conflict of interest that renders Khampepe "distinctly unsuitable" for her current investigative role.

"Both Zuma and Mbeki believe that the holding of these positions make Khampepe distinctly unsuitable and disqualifies her."

The move to have Justice Khampepe recused has met firm resistance. Both the Commission and the families of apartheid-era victims have formally opposed the application, seeking to allow the retired justice to continue her work on the investigation.