The Judicial Commission of Inquiry into allegations regarding efforts or attempts to stop the investigation or prosecution of Truth and Reconciliation Commission (TRC) cases will resume on Wednesday to determine a programme for its proceedings.
This follows the dismissal of former presidents Jacob Zuma and Thabo Mbeki’s applications to have retired Constitutional Court Justice Sisi Khampepe recuse herself from chairing the commission.
“Following the ruling of the commission relating to the recusal of the chairperson (Justice Khampepe) dated January 30, 2026, I am directed by the evidence leaders to advise that a pre-hearing meeting is scheduled for February 4, 2026, to determine a programme for the proceedings of the commission,” Secretary Advocate Mphothu Thokao stated.
The commission invited all persons and institutions to attend the pre-hearing meeting on Wednesday at 10am at the Sci-Bono Discovery Centre in Newtown, Johannesburg.
In her ruling, Justice Khampepe said the work of her commission has been beset by undue delays.
“The rule of law, the principle of legality, and the proper administration of justice dictate that I must ensure that this commission continues and completes its mandate.
“The public is entitled to and deserves no less,” she said. She ruled that both applications for her recusal brought by Zuma and Mbeki must be and are hereby dismissed.
Justice Khampepe said both applicants delayed unreasonably, failed to provide proper explanations for their delays, and that such delays demonstrate that their apprehension of bias is not reasonable. She explained that this was the basis alone on which she dismissed the applications for her recusal.
“I have a duty, as chair of this commission, to ensure that the work of this commission is completed as expeditiously as the exigency permits and in accordance with the commission’s mandate,” she added.
According to Justice Khampepe, the time-bound nature of the work of the commission and the various interests involved, dictate that the work of the commission must continue in an uninterrupted fashion.
She added that the commission is currently in its second term, and these recusal applications have already had the effect of delaying justice and closure to the complainants, with the result that the commission will, in all likelihood, not complete its work in the remaining limited time.
Justice Khampepe said she was of the view that Mbeki’s complaints were a feeble attempt made with hindsight on his part to justify why the recusal application was not filed timeously.
“It would, therefore, seem that but for Zuma’s application, Mbeki would not have sought my recusal. The trigger for Mbeki was Zuma’s application.
“Yet, Mbeki could have acted much earlier on his grounds relating to my prior institutional involvement and my ruling on the leading of witnesses. Former president Mbeki and his lawyers failed to do so,” reads the ruling.
The Jacob Zuma Foundation spokesperson, Mzwanele Manyi, said the ruling came only yesterday (Friday) so they are still studying it and consulting with their legal team.
“We reject the ruling as illogical and irrational. We did not expect better from Judge Sisi Khampepe. The likelihood is that it will be challenged before the courts, but we await legal advice before making any official announcements,” he said.
The Thabo Mbeki Foundation did not respond to requests for comment on the way forward following Justice Khampepe’s ruling on Friday.
