The Gauteng High Court in Johannesburg has dismissed an application by former presidents Jacob Zuma and Thabo Mbeki seeking the recusal of retired Constitutional Court Justice Sisi Khampepe from the Judicial Commission of Inquiry into alleged political interference in the investigation and prosecution of Truth and Reconciliation Commission (TRC) cases.
In a judgment handed down electronically on Monday, 30 March 2026, the court ruled that Zuma and Mbeki had failed to obtain prior consent from the Chief Justice before instituting review proceedings against Khampepe. As a result, the court found that it lacked jurisdiction to hear the matter.
“The proceedings are void ab initio. As they were a nullity from the start, this Court lacks the jurisdiction to entertain them,” the judgment read. It added that the application must be dismissed on this basis alone, without considering the substantive merits or urgency of the case.
The court further criticised the tone and content of the applicants’ affidavits, describing them as “direct attacks” on Khampepe’s character and integrity. It warned that allowing litigants of such stature to pursue legal action against a judge without proper consent could open the door to abuse of the judicial process.
Despite the dismissal, the JG Zuma Foundation has pushed back strongly against the ruling, arguing that the court avoided addressing serious allegations raised in the recusal application.
In a media statement released shortly after the judgment, the foundation said it was studying the ruling in detail with its legal team to determine its next steps. The statement expressed “strong disagreement” with the court’s approach, accusing it of relying on a technicality rather than engaging with the substance of the claims.
According to the foundation, the judgment leaves “serious allegations of gross judicial misconduct, and possible criminality, entirely unaddressed.” It also raised concern over the absence of a dissenting judgment by Justice Modiba, which it said has not yet been made available to the parties.
“The absence of this judgment significantly hampers our ability to conduct meaningful consultations and to fully assess the legal position,” the statement read.
Foundation spokesperson Mzwanele Manyi indicated that further legal avenues are being considered, emphasising that the matter is “far from concluded” given its gravity and unprecedented nature.
The case centres on allegations that Khampepe, who was appointed by President Cyril Ramaphosa in May last year to chair the inquiry, may have acted improperly during earlier proceedings. A whistleblower claimed that she colluded with the commission’s evidence leader, Advocate Semenya, and provided guidance during a prior recusal application.
Among the allegations were that Khampepe advised Semenya on how to respond to legal challenges and suggested strategies to his legal representative, Advocate Vas Soni SC. These claims formed the basis of the recusal bid brought by Zuma and supported by Mbeki.
In addition, the applicants argued that Khampepe’s prior roles — including her work with the TRC’s amnesty committee and as Deputy National Director of Public Prosecutions — created a conflict of interest that compromised her impartiality.
Zuma sought to have her earlier dismissal of a recusal application declared unconstitutional and invalid, while alternatively requesting that it be reviewed and set aside under the principle of legality. Mbeki, for his part, asked the court to order Ramaphosa to terminate Khampepe’s appointment and to declare all decisions taken by the commission under her leadership null and void.
With the court dismissing the application on procedural grounds, Khampepe will remain at the helm of the inquiry, which continues to probe long-standing concerns about political interference in unresolved TRC-era cases.
The outcome sets the stage for a potential legal escalation, as the Zuma Foundation signals its intention to pursue further action to have the substantive issues heard.
