Former presidents Thabo Mbeki and Jacob Zuma are challenging their successor Cyril Ramaphosa’s administrations’ decision not to investigate crimes identified by the Truth and Reconciliation Commission (TRC).

Mbeki filed papers on behalf of former Cabinet ministers Brigitte Mabandla, Charles Nqakula and Thoko Didiza opposing retired Constitutional Court Justice Sisi Khampepe’s appointment by Ramaphosa to chair the TRC commission.

The application by Mbeki has been filed to support Zuma’s bid for Justice Khampepe to recuse herself from the work of the TRC. The commission is opposing both applications based on two grounds.

“The first ground concerns the chairperson’s (Khampepe’s) past institutional involvement in matters the applicants claim are directly connected to the TRC investigations and the NPA (National Prosecuting Authority) and will create an ‘objectively grounded concern’ that she may not bring the requisite detachment and impartiality to an inquiry scrutinising conduct and decisions of institutions in which she previously played ‘material roles’,” read the court papers.

In addition, the commission argues that Justice Khampepe correctly handled the alleged conflict of interest objections pertaining to herself as evidence leader and her “endorsement” of an alleged procedurally irregular arrangement between herself and Advocate Howard Varney, which permitted him to lead the witnesses of the victims and survivors of apartheid-era human rights atrocities.

However, the commission claimed Zuma’s recusal application is without merit and tainted by illegalities.

The commission asked: “What evidence do the applicants (Zuma and Mbeki) offer for the contention that a reasonable person viewing the correct facts reasonably and objectively would reasonably apprehend that the chairperson would not bring an impartial mind to bear to the adjudication of the matters within the commission’s mandate?”

Zuma wants Justice Khampepe to be recused from the chairpersonship and/or membership of the commission.

“The chairperson is recused from dealing in any manner with any aspect of the Commission which concerns the applicant, Former President (Jacob) Zuma. The allegations of judicial misconduct are referred to the Judicial Service Commission,” read Zuma’s court papers.

Zuma insists that the majority Constitutional Court judgment penned by Justice Khampepe that led to his jailing in 2021 resulted in millions of people continuing to believe that it was driven by undue vengeance, bitterness and highly personalised animosity.

“The decision reportedly sparked unprecedented levels of public rejection and unrest which regrettably resulted in the death of more than 350 South Africans and untold economic damage. But for the judgment all those people would still be alive today,” Zuma maintained.

loyiso.sidimba@inl.co.za

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