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President Cyril Ramaphosa, in an affidavit before the High Court in Johannesburg, says he does not object to the court ordering the removal of Truth and Reconciliation Commission (TRC) Cases Inquiry Chair, Justice Sisi Khampepe.
Ramaphosa is a respondent in the application for judicial review of Khampepe’s refusal to recuse herself from the Inquiry brought by Former Presidents Thabo Mbeki and Jacob Zuma. Ramaphosa says had he been aware of the allegations of bias or apprehension thereof, against Khampepe, he would not have appointed her.
President Cyril Ramaphosa appears to have thrown in his lot with Former Presidents Mbeki and Zuma.
“The President has directed Minister Kubayi to request Judge Khampepe to step down. This is out of concern that the current review applications are detrimental to the interests of the victims, who want closure and accountability from government regarding their family members, and that these applications have the potential to defeat the main objective for the establishment of the Commission,” says Presidency Spokesperson Vincent Magwenya.
The claim by the President regarding his lack of knowledge of her previous roles is implausible according to Director at the Foundation for Human Rights (FHR), Zaid Kimmie. The FHR has been assisting the families of victims of apartheid era human rights violations in their elusive quest for justice.
WATCH | Dr Zaid Kimmie, Director of the Foundation for Human Rights, has expressed disappointment with President Cyril Ramaphosa’s decision not to oppose a court application seeking to remove retired Justice Sisi Khampepe as chairperson of the TRC Inquiry. pic.twitter.com/qQA0uLSg4U
— SABC News (@SABCNews) March 6, 2026
Kimmie says that Ramaphosa has picked a side.
“The substance of his affidavit is that he believes that she’s not suitable and that she should stand down. By sharing his view that if he knew now what he should have known back then, he wouldn’t have appointed her. And second, by revealing in a most irregular manner, his behind the scenes moves to get her to stand down. And it’s a fairly shocking development in an affidavit for a president to reveal the extent of his maneuvering to get Justice Kampepe to stand down.”
Kimmie says that Ramaphosa’s latest move and questionable commitment to the Inquiry is not entirely surprising.
He says the President set up the judicial commission over seven years after multiple calls from civil society to do so and as an attempt to settle the 2025 Constitutional Damages cases launched by the families. He says the implications for the probe are dire should he, and the former presidents succeed.
“It’s not simply about replacing Justice Khampepe. Ex-president Mbeki has asked that the entire proceedings be annulled and that essentially, we would have wasted tens, if not hundreds of millions of rands setting up this commission, the combined legal fees of the various departments and individuals that have been represented. I think the legal bills being racked up by the National Prosecuting Authority (NPA), Department of Justice, the Presidency and the former presidents, they must run into tens, if not more, millions of rand with large, well-resourced teams,” adds Kimmie.
He says that fortunately the legal team representing the FHR and the families have been acting pro bono meaning that they have not been paid for their work.
So far Justice Sisi Khampepe has stood her ground, refusing efforts to unseat her. And while Ramaphosa is empowered to instruct her to step down, this is not a simple undertaking.
“He can ask her to step down. He can instruct her to step down. He can appoint additional commissioners. He can appoint a new chair. But he needs to have a reason for doing so. And the reason must be linked to Justice Khampepe and her ability to do the job, either because he really believes she’s conflicted and is willing to stand by that, or he believes that she’s mishandled proceedings in some way or is not suitable. But there has to be a defensible reason for it. He can’t simply say, (3:30) it’s Tuesday, I don’t like you anymore, I’m giving the job to someone else,” says Kimmie.
The commission resumes on Wednesday with the cross examination of Former National Director of Public Prosecutions (NDPP), Bulelani Ngcuka.
Its legal challanges however are likely far from over, with Kimmie predicting that as ex-presidents Zuma and Mbeki may continue to seek legal avenues to undermine the commission.
RELATED VIDEO | TRC Inquiry | Ramaphosa will not object to court case for Khampepe’s removal
www.sabcnews.com, https://www.sabcnews.com/sabcnews/ramaphosas-khampepe-move-questioned-by-fhr/
