Mbeki’s advocate argues his case of bias against Khampepe – SABC News

Presidents Jacob Zuma and Thabo Mbeki are adamant that Justice Sisi Khampepe must recuse herself as Chairperson of the Truth and Reconciliation Commission (TRC) Cases Inquiry. This on the grounds that the prior roles she held may compromise her impartiality.
Over the next two days, a full bench of the South Gauteng High Court, in Johannesburg, will hear the two former heads of state’s bid for a review of Khampepe’s refusal to recuse herself. They also charge that Justice Khampepe was not transparent about her former positions as TRC Commissioner and Deputy National Director of Public Prosecutions (NDPP).
According to them, she also acted improperly with respect to the recusal application against Chief Evidence Leader, Advocate Ismael Semenya.
Mbeki’s legal counsel, Advocate Ngwako Maenetje argued that it is unsurprising that his client would have an apprehension of bias with regards to TRC Cases Chairperson, Justice Khampepe.
“When you are now the chair sitting, there are victims before you, families of victims, that you, in respect of whom you said the perpetrators must be prosecuted, and you were in the NPA to prosecute them, and you simultaneously, you refuse me. Amnesty and former president Zuma, we must somehow, somehow it is unreasonable, wholly unreasonable, that applying a normative value of an ordinary person in the streets looking up on this, would find that this is, I have an apprehension,” says Maenetje.
Maenetje accused the retired Constitutional Court Judge of failing to make a full disclosure on her prior roles.
“The only thing she denies is she’s not aware of any policy affecting TRC cases that she was involved in. She’s not aware of it. She’s not disclosing facts, nothing. We don’t know as we speak. We know she was second-in-command in the NPA. We know that Advocate Ngcuka from 1998 was preparing for the prosecution of TRC cases. The second-in-command is quiet about what role she was playing. Completely quiet, other than a denial. Now, what the cases say is you disclose, because when you don’t disclose, the question is, is there something to hide? What is it you’re hiding if you don’t make full disclosure?” he says.
Continuing on the same thread, Zuma’s legal counsel, Advocate Dali Mpofu argued that the court must accept, in the absence of evidence to the contrary, that President Cyril Ramaphosa did not know Justice Sisi Khampepe served as a Deputy NDPP and a TRC Commissioner.

The refusal by Justice Sisi Khampepe 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…
— SABC News (@SABCNews) March 16, 2026

WATCH | Lawyers for former President Jacob Zuma want access to emails and WhatsApp messages between TRC Cases Inquiry chairperson retired Justice Sisi Khampepe and chief evidence leader Advocate Ismael Semenya. Jacob Zuma Foundation spokesperson Mzwanele Manyi says, “We think… pic.twitter.com/5c0kQqjmCD
— SABC News (@SABCNews) March 16, 2026

As a respondent in the case, Ramaphosa said he asked Justice Khampepe via the Minister of Justice Mmamoloko Kubayi to step down after he became aware of her previous roles, but she refused.
“So, the president of this country puts 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 the court has to aware that former president Zuma and former president Mbeki were not aware,” says Mpofu.
Mpofu also argued for access to emails and WhatsApp messages between Khampepe and Chief Evidence Leader, Advocate Ismael Semenya. This is to to prove the allegation that she improperly intervened in a failed attempt to have Semenya step down.
“Sometime in November 2025 says President Jacob Zuma it was reported to me by a whistleblower that the Chairperson had committed actions that amount to bias, gross misconduct and or corruption in that she had coached and colluded with one of the parties in the Semenya recusal application. Semenya himself in that she advised him about weaknesses in his case and even went as far as sharing research in her possession regarding to the disputes and telling him to convey certain tips to Advocate Vas Soni who was representing Advocate Semenya SC so that is the allegation,” adds Mpofu.
The two former presidents further charge that Justice Khampepe acted improperly in refusing to step down in her personal capacity. They say the decision should have been taken collectively, including with Commissioners, Diale Khomo and Advocate Andrea Gabriel.
The review application continues on Tuesday, with the TRC Cases Commission expected to put forward its rebuttal.
VIDEO | TRC Cases | High Court hears Khampepe recusal challenge

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