By Zuko Komisa

- The Constitutional Court has dismissed a recusal bid by former South African presidents Jacob Zuma and Thabo Mbeki against retired Justice Sisi Khampepe.
- The two former leaders claimed potential bias regarding Khampepe’s presidency of an inquiry into political interference in apartheid-era TRC cases.
- The apex court partially upheld their appeal on procedural grounds while allowing Khampepe to remain as chairperson of the judicial commission.
South Africa’s Constitutional Court has rejected an attempt by former presidents Jacob Zuma and Thabo Mbeki to recuse retired Justice Sisi Khampepe from chairing a high-profile inquiry into political interference in Truth and Reconciliation Commission (TRC) cases.
While granting the former leaders leave to appeal a previous High Court decision, the apex court Ultimately dismissed their application to remove Khampepe, ruling that she will remain as chairperson of the Judicial Commission of Inquiry.
Delivering the judgment, Justice Leona Valerie Theron stated that the appeal was only partially upheld:
“The application to review the ruling delivered on 30 January 2026 by the Chairperson of the Judicial Commission of Inquiry… dismissing the recusal application, is dismissed.”
Zuma and Mbeki had argued that Khampepe’s past involvement with the National Prosecuting Authority and earlier TRC hearings created a reasonable perception of bias.
Although the Constitutional Court addressed their procedural objections regarding earlier High Court decisions, it ordered each party to pay their own costs and cleared the commission to proceed under Khampepe’s leadership.
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