Mpofu submits Khamepepe’s refusal to recuse herself declared unlawful – SABC News

The refusal by Justice Sisi Khamepepe to step down as Chairperson of the TRC Cases Inquiry in Johannesburg should be declared unlawful simply because it was not taken by the commission heads as a collective.
President Cyril Ramaphosa, as a respondent in the case, has said that he asked Khampepe, through Minister of Justice Mmamoloko Kubayi, to step down after he found out her history, but she refused.
Counsel for former president Jacob Zuma, Dali Mpofu says the Johannesburg High Court must accept, in the absence of evidence to the contrary, that President Cyril Ramaphosa did not know that Justice Sisi Khampepe had served as a Deputy NDPP and TRC Commissioner.
“So the President of this country put under oath, he says to this court, I was not aware of these things. I’ve now become aware of them, and I would not have appointed her. And the other side says, no, that’s not true.”
“On what basis can the court make that finding without cross-examining the President, that he has perjured himself before this court? He has not. That finding can never be made. The court has to accept that the President was not aware of these facts. Just as … former president Zuma and former president Thabo Mbeki were not aware.”
Mpofu says because the decision was not taken by a properly constituted panel, including Commissioners Diale Khomo and Advocate Andrea Gabiel, it cannot stand in law and Khampepe must go.
“The ruling which brings us all here was only signed by the chairperson and was only produced by her and not by the commission. Just as this panel is sitting here, if tomorrow a judgment comes that says only Justice Baikwa is giving this and we don’t know what the other two judges had to say, that by definition cannot be called the decision of the court.”
“Remember we live in a democracy of transparency, so we also need to know, so does this court, need to know for example whether Justice Homo or Advocate Gabriel F.C. agreed or did not agree,” adds Mpofu.
TRC Cases | High Court hears Khampepe recusal challenge

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