The Constitutional Court on 31 August 2026 dismissed a recusal application by former presidents Thabo Mbeki and Jacob Zuma, allowing the Khampepe Commission of Inquiry into stalled Truth and Reconciliation Commission prosecutions to continue its work. The two former presidents had sought the removal of retired judge Sisi Khampepe as chairperson, arguing her previous roles as a TRC commissioner, Amnesty Committee member and Deputy National Director of Public Prosecutions created a reasonable apprehension of bias.

The commission, chaired by Khampepe with retired Northern Cape Judge President Frans Kgomo and advocate Andrea Gabriel SC, was established by President Cyril Ramaphosa in May 2025. Its mandate covers alleged attempts to stop the investigation and prosecution of TRC-related cases from 2003 onward, with public hearings under way in Newtown, Johannesburg.

Isinqumo Senkantolo Yomthethosisekelo

Khampepe had already declined to recuse herself in a ruling on 30 January 2026, stating that her previous roles ended by 2001 and the commission’s mandate begins in 2003. The Constitutional Court majority found no reasonable apprehension of bias, according to the court’s judgment and Daily Maverick reporting.

A minority judgment questioned the temporal boundary, noting that the commission had called witnesses to testify on events predating 2003. Despite this, the dismissal clears the way for the inquiry to demand evidence from the two former presidents.

“The former presidents were under a ‘moral obligation’ to reveal what they knew about the matters that were being probed.”

Advocate Howard Varney, representing victims’ families, made the statement as the commission prepared to resume hearings in September 2026.

Victims’ Families And Unverified Allegations

Lukhanyo Calata, son of murdered Cradock Four activist Fort Calata, has been central to the legal campaign that led to the commission’s establishment. He has alleged that the ANC betrayed victims’ families by halting prosecutions due to a secret agreement with apartheid-era leaders.

During testimony, a claim surfaced about a newly declassified memo from the final apartheid Cabinet meeting, in which then-president FW de Klerk allegedly said Nelson Mandela and the ANC had agreed to immunity for politically motivated crimes. Daily Maverick is the only outlet reporting this claim, and it has not been independently confirmed by official documents or other credible sources.

The commission is expected to conclude its work by December 2026, with further testimony from former officials and victims’ families scheduled in the coming weeks.