The Constitutional Court is hearing an appeal by former presidents Jacob Zuma and Thabo Mbeki to remove Justice Sisi Khampepe from the Truth and Reconciliation Commission inquiry [1].
The legal challenge represents a significant clash between former heads of state and the judicial oversight of the TRC. If the court grants the recusal, it could delay the inquiry's proceedings and alter the leadership of one of the nation's most sensitive historical processes.
Zuma and Mbeki, the two former presidents filing the appeal [1], said Justice Khampepe should be recused from her role as chairperson. The appellants said that Khampepe is biased and has a conflict of interest regarding the proceedings [2].
The matter comes before the court in Johannesburg on June 29, 2026 [1]. This appeal follows a previous attempt to oust the justice in the Gauteng High Court. That court dismissed the bid, saying it lacked jurisdiction to hear the matter [2].
The Constitutional Court must now determine if the claims of bias are sufficient to warrant the removal of the chairperson. The proceedings are being monitored closely as the TRC continues to navigate the complexities of South Africa's political history, a process that often pits former leaders against current judicial standards.
Because the Gauteng High Court had previously declined to rule on the merits of the bias claim, the Constitutional Court's decision will be the definitive word on whether Khampepe can remain in her post [2].
“The Constitutional Court is hearing an appeal by former presidents Jacob Zuma and Thabo Mbeki.”
This legal battle highlights the ongoing tension between South Africa's political elite and the judicial mechanisms designed to ensure accountability. By challenging the impartiality of the TRC chairperson, Zuma and Mbeki are attempting to influence the framework of an inquiry that examines historical and political conduct. A ruling in their favor would signal a successful challenge to the appointment of judicial officers in transitional justice processes, while a dismissal would reaffirm the independence of the commission's leadership.
