Mpofu asks court to declare Justice Khampepe's refusal to recuse herself invalid

Advocate Dali Mpofu has asked the court to declare Justice Sisi Khampepe’s decision to refuse President Jacob Zuma’s application for her recusal invalid and unlawful.

Mpofu told the full bench at the South Gauteng High Court that Khampepe's decision should be overruled because it was not decided by the full commission.

However, a point of contention arose regarding the impact of the relief Mpofu is seeking.

Proceedings began with Advocate Mpofu urging the court to issue an order compelling the commission to provide information he claims proves Justice Khampepe acted unlawfully by allegedly coaching evidence leader Advocate Ishmael Semenya.

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Mpofu argues that there are emails and WhatsApp messages that show Khampepe provided Semenya with research and pointed to weaknesses in their application case, which he says amounts to gross misconduct.

The court reserved judgment on this issue.

On the merits of the case, Mpofu argues that Khampepe’s decision was not properly established, as she penned the judgment on her own.

A debate arose with Judge Lebogang Modiba about the effect of the decision Mpofu is seeking. Judge Modiba noted that even if Justice Khampepe’s judgment were set aside, she would still continue with the work of the commission.

"No, no, no, how can she remain, Justice? If the non-recusal decision is set aside, what remains is the recusal; all you are saying is that the decision she should have reached was to recuse herself," Modiba argued.

The matter continues.