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Judge Sisi Khampepe is arguably the best-qualified person in the country to get to the bottom of alleged political interference to block the prosecution of apartheid-era perpetrators of gross human rights violations. 

She is the only person in South Africa whose CV includes experience serving on the Truth and Reconciliation Commission, the National Prosecuting Authority, and the Constitutional Court.

The Gauteng High Court today dismissed the application by former Presidents Thabo Mbeki and Jacob Zuma for Judge Khampepe's recusal from chairing the commission appointed by President Cyril Ramaphosa to investigate why the TRC’s recommendations on prosecutions and re-opening apartheid-era inquests were not implemented.

Why are the two former Presidents behaving as if they are on trial?

The TRC was South Africa’s designated vehicle to confront and process apartheid-era criminality. It offered amnesty to qualifying perpetrators and recommended the prosecution of those to whom amnesty was not granted.

Evidence led at the commission to date suggests there was an attempt during Mbeki’s presidency to implement a second amnesty process. However, Jacob Zuma’s involvement in, or relative distance from, these matters remain less clear. 

If implementing a second amnesty process was a noble pursuit, instead of joining his successor in trying to bully the judge with technical lawfare, Mbeki should take the nation into his confidence and explain his thinking.

It would be fascinating to understand why, for example, reopening the inquest into the murder of another former ANC President, Chief Albert Luthuli, was delayed for decades by an ANC-led government.

If Mbeki and Zuma believe that by removing Judge Khampepe, they will somehow manage to control the narrative and keep a lid on whatever it is that they don’t want South Africans to know, they are too late.

 A vast amount of information has already been publicly conveyed, under oath, to Judge Khampepe. Even if the former Presidents find a sympathetic court and manage to muzzle the judge, more evidence of interference will be led in the damages case victims’ families have brought against the government for allegedly interfering in the wheels of justice.

The former Presidents are likely to take the Gauteng court’s decision to the Appeal Court.

In the meantime, Judge Khampepe must act with renewed vigour to complete her assignment.

Why is this important? Because South Africa lives each day with the consequences of police and prosecutors not performing their duties with impartiality and integrity.

Issued by Unite for Change Leadership Council Member & GOOD Secretary-General Brett Herron