Ngcukaitobi slams personal attacks on Justice Khampepe

The High Court in Johannesburg has heard arguments that retired Justice Sisi Khampepe is facing unfair attacks and questioning during an application to remove her as chairperson of the Truth and Reconciliation Commission (TRC) cases inquiry.

Advocate Tembeka Ngcukaitobi SC, representing the commission, argued that Justice Khampepe should be protected against insults and personal cost orders, as prescribed by the Superior Courts Act.

This follows arguments during the hearing that the Khampepe should be slapped with a personal cost order for this litigation.

On the first day of the legal battle, a full bench of the South Gauteng High Court heard arguments from senior counsel representing former presidents Jacob Zuma and Thabo Mbeki.

They are seeking Khampepe’s removal, claiming she failed to make full disclosures regarding her brief tenure at the National Prosecuting Authority (NPA) in the late 1990s.

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Similarly, lawyers representing President Cyril Ramaphosa told the court that Khampepe’s refusal to recuse herself has brought the Commission into disrepute and could undermine public trust in its work.

In response, Ngcukaitobi argued that Khampepe should be shielded by Section 47 of the Superior Courts Act, which protects judges against lawsuits.

Section 47 protects judges from civil lawsuits and subpoenas regarding their judicial functions, requiring consent from the head of court before proceedings can be initiated.

Ngcukaitobi contended that this act is her only remaining protection, noting that even the President who appointed her has failed to defend her.

"Justice Khampepe has been threatened and insulted; she has been threatened with PRECCA," Ngcukaitobi stated. "She’s been accused of criminal conduct without a shred of evidence. Judges in her position deserve the protections of Section 47. She is performing a public duty on a matter of public importance, yet personalised attacks have been directed at her with reckless abandon. She has absolutely no one to protect her... she has been left to dry on her own."

Ngcukaitobi further asserted that the review application constitutes an abuse of the court process.

He noted that the final decision regarding the Commission’s findings rests with President Ramaphosa, rendering the current challenge premature.