Judicial Commission of Inquiry into TRC cases set to resume hearings amid controversies
Justice Sisi Khampepe leads the Judicial Commission of Inquiry as it resumes hearings into TRC cases, following the dismissal of recusal applications by former presidents Jacob Zuma and Thabo Mbeki.
Image: Itumeleng English / Independent Newspapers
The Judicial Commission of Inquiry investigating allegations regarding attempts to obstruct the investigation or prosecution of Truth and Reconciliation Commission (TRC) cases is set to reconvene on Wednesday.
The commission will determine a programme for its proceedings following the dismissal of applications by former presidents Jacob Zuma and Thabo Mbeki, who sought the recusal of retired Constitutional Court Justice Sisi Khampepe 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,” stated Secretary Advocate Mphothu Thokao.
The commission has invited all individuals 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 acknowledged that the commission's work has been plagued 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 asserted.
She ruled that the applications for her recusal, brought by Zuma and Mbeki, must be dismissed.
Justice Khampepe further explained that both applicants had delayed unreasonably and failed to provide adequate explanations for their delays
. She noted that such delays demonstrated that their apprehension of bias was not reasonable. This reasoning formed the basis for her dismissal of the recusal applications.
“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.
Justice Khampepe emphasised that the time-sensitive nature of the commission's work, along with the various interests involved, necessitates that the commission’s activities continue without interruption.
She also pointed out that the commission is currently in its second term, and the recusal applications have already hindered justice and closure for the complainants. Without prompt action, the commission may not complete its work within the limited time remaining.
Justice Khampepe expressed her belief that Mbeki’s complaints were a feeble attempt made with hindsight to justify why the recusal application was not filed in a timely manner.
“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.
Both the Thabo Mbeki and Jacob Zuma foundations did not respond to requests for comment regarding the way forward following Justice Khampepe’s ruling on Friday.