By Simon Nare
The Gauteng High Court in Johannesburg has dismissed, with costs, a court bid by former presidents Jacob Zuma and Thabo Mbeki to have Truth and Reconciliation Cases Inquiry chairperson, retired Constitutional Court Justice Sisi Khampepe, recuse herself from the proceedings.
The former presidents separately brought applications to the court, arguing that Khampepe was biased and should step aside because she had previously worked for the Truth and Reconciliation Commission (TRC) and the National Prosecuting Authority (NPA).
They lost on a technicality, with Judge President Selby Baqwa ruling that they failed to obtain the consent of Chief Justice Mandisa Maya before launching the application.
“The applicants’ non-compliance with Section 47 of the Superior Courts Act 10 of 2013 rendered the proceedings a nullity,” Baqwa said.
In his ruling, Baqwa explained that it was common cause that the applicants were required by law to secure the Chief Justice’s consent before instituting proceedings, but had failed to do so.
He added that the applicants had argued they did not require such consent.
“Consent must be obtained before these proceedings are instituted. The requirement is jurisdictional and peremptory. Once proceedings are launched without consent, they are a nullity and cannot be validated,” he ruled.
Reacting to the judgment, Zuma said the court had avoided dealing with the substantive merits of the recusal application and instead relied on a technicality.
“This approach has the effect of leaving serious allegations of gross judicial misconduct, and possible criminality, entirely unaddressed. We wish to place on record our strong disagreement with the judgment.
“Given the gravity and unprecedented nature of the issues raised, it is clear that this matter is far from concluded. The Foundation will consider all available legal avenues to ensure that the substantive issues are properly ventilated,” he said through the Jacob Zuma Foundation.
The Thabo Mbeki Foundation had not yet issued a response at the time of publication.
The ruling is likely to further delay the inquiry, which families of the Cradock Four have repeatedly said is already prolonging justice.
President Cyril Ramaphosa, who was cited as a respondent, did not oppose the application and has also not commented on the ruling.
Ramaphosa previously said allegations surrounding the establishment of the commission — following a declaratory and review application by the Calata family in the High Court — were “not disputed”.
Lukhanyo Calata and other families and survivors brought the 2025 High Court case seeking accountability for unprosecuted TRC matters.
Calata is the son of Fort Calata, one of the Cradock Four, whose case remains among the most emblematic unresolved apartheid-era prosecutions.
“In summary, after the High Court application was brought by the applicants, I agreed with them that I would establish a commission,” Ramaphosa said.
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