By Simon Nare
President Cyril Ramaphosa says he does not oppose applications by former presidents Jacob Zuma and Thabo Mbeki seeking the recusal of retired Constitutional Court Justice Sisi Khampepe from the Truth and Reconciliation Commission (TRC) cases inquiry.
The inquiry is investigating whether there were attempts to delay, hinder or stop the investigation and prosecution of apartheid-era crimes that the TRC referred for further action, and whether any officials or institutions were involved in that interference.
In an explanatory affidavit, Ramaphosa said he was cited as a respondent in the recusal applications and was responding only to the relief sought against him and to allegations requiring his explanation.
“I do not oppose,” Ramaphosa said, referring to both the recusal applications and “the application of former Presidents Mbeki and Zuma seeking an order directing me to terminate the appointment of Justice Khampepe”.
Ramaphosa said allegations surrounding the establishment of the commission after the Calata family launched a declarator and review application in the High Court were “not disputed”.
Lukhanyo Calata and other families and survivors brought the 2025 High Court case that pushed for accountability over unprosecuted TRC cases. Calata is the son of Fort Calata, one of the Cradock Four, whose case became one of the 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.
He said he had no knowledge of one allegation by Zuma that Khampepe coached advocate Howard Varney Semenya on how to respond to the recusal bid, and therefore did not deal with it.
But Ramaphosa said he understood the remaining allegations to include Khampepe’s appointment in 1995 as a TRC commissioner, her later service on the TRC Amnesty Committee, her role as deputy national director of public prosecutions between 1998 and 1999, and that during that period she “apparently played a role” in the Human Rights Investigation Unit established to advise on cases referred by the TRC to the National Prosecuting Authority.
He also recorded allegations that, as a member of the Amnesty Committee, Khampepe refused amnesty to the killers of Richard and Irene Motasi, considered and denied amnesty in the Pebco Three matter, and sat on the panel that refused amnesty applications involving Mbeki and Zuma.
Ramaphosa said he was unaware of those allegations when he appointed Khampepe as chair of the commission on 29 May 2025 and only became aware of them after her appointment and during the recusal applications.
He added that once he had exercised his constitutional power to appoint the chair through a proclamation published in the Government Gazette, the law barred him from playing any further role in her appointment or removal.
“That is why I did not participate in the recusal application. It is also why I chose to abide the decision of the Commission,” he said.
Ramaphosa said Khampepe had not informed him of her prior involvement at the TRC or NPA.
He further said that if he had known of the allegations at the time of her appointment, he would “not have appointed her” because he would have sought to avoid public criticism, possible review proceedings and any perception that the commission’s work would not be carried out impartially.
Ramaphosa said he later asked the Minister of Justice to approach Khampepe to consider stepping down in light of the controversy and the damage to the commission’s public image, but she declined.
“She was asked that, in light of the controversy over her appointment and the damage to the public image of the Commission. I am informed that she declined to step down.”
Ramaphosa said Khampepe therefore remains chair until removed by a court.
“As I say…I have no objection to the Court ordering the removal of the Chairperson,” he said.
INSIDE POLITICS