Commission of Inquiry not fazed by Zuma’s application to recuse chair

The Khampepe Commission of Inquiry spokesperson, Lionel Adendorf, said that former president Jacob Zuma’s application for the recusal of retired Justice Sisi Khampepe, who is the chair, is no cause for concern.

President Cyril Ramaphosa established the Commission of Inquiry on 29 May 2025, following a court settlement with families of apartheid-era victims.

Its mandate is to investigate whether members of the SAPS and NPA attempted to obstruct the investigation and prosecution of crimes identified by the Truth and Reconciliation Commission.

On 6 January, the Jacob Zuma Foundation stated that former President Thabo Mbeki had also applied for Khampepe’s recusal.

This was allegedly supported by former ministers Brigitte Mabandla, Charles Nqakula, Thoko Didiza, and Ronnie Kasrils.

However, this is yet to be confirmed by Thabo Mbeki or the Thabo Mbeki Foundation.

Zuma has argued that Khampepe faces a conflict of interest due to her past roles.

This includes her involvement in the TRC and later service as Deputy Director of Public Prosecutions, which he says relates directly to the commission’s mandate.

The Jacob G Zuma Foundation also alleges she engaged in serious misconduct, claiming she provided undisclosed legal advice to the commission’s evidence leader, Adv Ishmael Semenya SC, in relation to a recusal application.

Responding to the criticism, Adendorf said none of the commissioners appointed themselves.

He stressed that they were appointed by the President, who was aware of their histories, roles and contributions to South Africa’s constitutional democracy, and that the commission relies on the President’s judgment that the appointments were appropriate.

Khampepe to preside over recusal application

Because Khampepe is the chair of the Commission, it means that she will be presiding over the application for her recusal. However, Adendorf says this is common in South African courts.

“It happens every day in our courts. Magistrates determine whether they should be recused. Judges in the High Courts determine whether they should be recused, so it’s not an anomaly,” the spokesperson said.

“So far, no oral evidence has been tabled before her so that we will await that date, and then the commissioner will need to make a decision.”

The foundation has said that the hearing of the application will take place on 16 January at the Sci-Bono Discovery Centre in Johannesburg.

A similar situation occurred during the Zondo Commission when Zuma applied for Justice Raymond Zondo to be recused from his position as chair of the Commission.

Zondo presided over his own recusal application, which he ultimately rejected.

In response to this, Adendorf stated that Khampepe has “no determination” to remain chair of the Commission and will be impartial regarding the evidence presented before her.

“She is a very seasoned jurist, having served on the Constitutional Court, and she will need to look at the arguments,” he said.

“Justice Khampepe cannot take a posture on the application without having seen the papers or heard the evidence. It will only be based on what is in front of her that she will take a particular position on the matter.”