Counsel for Chief Evidence Leader of the TRC Cases Inquiry, Advocate Vas Soni has dismissed the arguments advanced by the Department of Justice and the NPA for the recusal of his client.

The Inquiry on Wednesday heard oral arguments aimed at ensuring that Chief Evidence Leader Advocate Ishmael Semenya is dropped from the Commission which is probing allegations into the stalled investigation and prosecution of TRC cases.

Advocate Soni made the point that there are similarities in the role of prosecutors and evidence leaders in a judicial setting and as such, the principle which applies to prosecutors in terms of previous cases should apply.

Semenya has as one time served as a consultant for the NPA and consulted with the two state institutions on prosecutorial policy over a decade ago.

The NPA and Department of Justice have argued that as respondents at the Inquiry, Advocate Semenya’s role as Chief Evidence Leader represents a conflict of interest given their history with him.

“Prosecutors are not disqualified from participating in a case where they have participated in earlier proceedings against the same accused. The reason that is important is that both the Minister and the NPA says the fact that Mr Semenya represented them, the NPA and the Minister, in the Mkelemen matter is a justification for his being excluded now. But with respect, that cannot be true. It is because if the test of prosecutors is applied.”

@TRC_inquiry “The applicants must proof that Adv Semenya had access to confidential information at the NPA and if they fail, on what basis is this recusal application” – Adv Soni SC

— TRC_inquiry (@TRC_inquiry) November 26, 2025

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