Mbeki and Zuma recusal bid delays accountability
The bid by former Presidents Thabo Mbeki and Jacob Zuma to have retired justice Sisi Khampepe removed as chair of a commission is ‘effectively delaying’ their accountability on allegations of political interference, commission evidence leader Ishmael Semenya argues in court papers.
Business Day reports that Mbeki and Zuma have been told to file responses to allegations that the government stalled prosecutions arising from evidence given at the TRC.
The two men have initiated an urgent application for direct access to the Constitutional Court to overturn the High Court’s dismissal of their application for Khampepe’s removal.
Zuma and Mbeki had sought to overturn Khampepe’s decision not to recuse herself as chair of the commission investigating the failure of the NPA to prosecute TRC cases.
Should the apex court agree to consider their application, the issue that arises is whether a review of a recusal application requires heads of court consent.
The former Presidents’ case was dismissed because they did not obtain permission before litigating against Khampepe last month.
The case was not decided on its merits but dismissed on procedural grounds.
The urgent application offers the highest court an opportunity to provide clarity on whether retired judges chairing judicial commissions of inquiry enjoy the same legal shield as sitting judges.
Semenya, in a recently filed affidavit to the top court, describes the application as a delay to the proceedings in which the former Presidents must respond to allegations that the executive during their tenures as head of state interfered in the prosecution of apartheid-era crimes.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





