Khampepe staying on as TRC cases inquiry chair 'irrational decision' - High Court told

The High Court in Johannesburg has heard that Judge Sisi Khampepe may have made an error of law when deciding not to recuse herself as chairperson of the TRC cases inquiry. 

Advocate Ngwako Maenaetje, representing former President Thabo Mbeki, said Khampepe applied an incorrect legal test.

Leading to what he calls an "irrational decision" to stay on as chair of the commission.

Mbeki and former president Jacob Zuma are seeking Khampepe’s removal as chair of the TRC cases inquiry- that’s probing delays in prosecuting apartheid-era cases.

They have argued that Khampepe is biased because of her role during the TRC and her tenure as deputy national director of prosecutions between 1998 and 1999

"When you ignore the legal standard, the whole process you follow to reach a conclusion is irrational, not based on a correct legal standard, and that is reviewable."

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