President Cyril Ramaphosa has chosen to remain neutral in the matter of retired Constitutional Court Justice Sisi Khampepe’s role as chairperson of the Truth and Reconciliation Commission (TRC) cases inquiry. This comes as former presidents Jacob Zuma and Thabo Mbeki challenge her position, citing potential conflicts of interest.
Ramaphosa’s decision not to oppose the recusal applications by Zuma and Mbeki means that the matter will proceed to the Gauteng High Court, Pretoria. In his explanatory affidavit, Ramaphosa stated that he was not aware of the allegations made by Zuma and Mbeki when he appointed Justice Khampepe to chair the commission in May last year.
Allegations Against Justice Khampepe
The allegations against Justice Khampepe include her previous role as a TRC commissioner in 1995, appointed by late former president Nelson Mandela. She was also a member of the TRC’s amnesty committee in the following year. Additionally, between September 1998 and December 1999, she was a deputy national director of public prosecutions and played a role in the human rights investigation unit established by her then boss Bulelani Ngcuka.
As a member of the amnesty committee, Justice Khampepe was involved in several high-profile cases, including the denial of amnesty to the killers of Richard and Irene Motasi, as well as the refusal of amnesty to RJ Venter in the ‘Pebco Three’ murders near Cradock. These cases are relevant to the current inquiry, as the family members of the victims are applicants before the commission.
Potential Conflicts of Interest
Justice Khampepe’s previous involvement in these cases has raised concerns about potential conflicts of interest. Zuma and Mbeki have cited these cases as evidence that Justice Khampepe should recuse herself from the inquiry. Ramaphosa has requested Justice Minister Mmamoloko Kubayi to approach Justice Khampepe to consider standing down as chairperson, but she has declined to do so.
Here are some key points to consider in this matter:
- Justice Khampepe’s previous role as a TRC commissioner and member of the amnesty committee
- Her involvement in high-profile cases, including the denial of amnesty to the killers of Richard and Irene Motasi and RJ Venter
- The potential conflicts of interest arising from her previous roles and involvement in these cases
- Ramaphosa’s decision not to oppose the recusal applications by Zuma and Mbeki
For more information on the TRC and its role in South Africa’s history, visit the TRC website or read about the TRC’s history and significance on the South African History Online website.
