The Constitutional Court hears arguments on Justice Khampepe's recusal.
If Justice Sisi Khampepe is not forced to recuse herself as chairperson of the TRC inquiry, the outcome of the commission will be doomed, and its findings will go “to the dustbin”.
This was the argument on Monday by Advocate Dali Mpofu before the Constitutional Court in a bid by former presidents Jacob Zuma and Thabo Mbeki to grant them direct access to. They want leave to appeal against the earlier judgment in which they lost their legal bid to have her removed.
In the event of the Constitutional Court refusing direct access to it, the former presidents hope to obtain leave to appeal before the SCA. Advocate Mpofu, however, pointed out that first turning to the SCA will take too long. He argued on behalf of Zuma that the commission’s work is due to be completed by December, and it will be too late by then.
Advocate Mpofu, in a passionate argument, said if the commission is allowed to carry on with its work with Justice Khampepe heading it, its recommendations “will come to naught, zero”.Included in their complaints against Justice Khampepe is that she became a member of the TRC’s amnesty committee in the late 1990s, where decisions were made to either prosecute or grant amnesty.
