In a landmark judgment the Constitutional Court has dismissed former presidents Jacob Zuma and Thabo Mbeki’s bid to have retired justice Sisi Khampepe removed as chair of the commission probing allegations of political interference in the delay of prosecutions of apartheid-era crimes. The court bid by Mbeki and Zuma was pinned on the fact that Khampepe was a member of the TRC and its amnesty committee, appointed by the late president Nelson Mandela in 1995, and served as the deputy national director of public prosecutions from September 1998 to December 1999. The former presidents wanted Khampepe’s decision not to recuse herself as chair of the commission declared unconstitutional and set aside.The Constitutional Court’s judgment delivered on Monday dismissed the plea that Khampepe’s decision not to recuse herself be set aside. This means she remains chair of the commission.Mbeki and Zuma were granted leave to appeal directly to the court. The two former presidents could not have Khampepe removed as chair, but won in challenging that section 47 of the Superior Courts Act, which states litigants in civil proceedings have to seek permission before instituting litigation against a judge, does not apply to Khampepe. The provision stands as a shield protecting judges from frivolous litigation. In March the high court had dismissed Mbeki and Zuma’s review application not on merits, but for failure to obtain permission from chief justice Mandisa Maya before litigating against Khampepe. The apex court judgments means retired judges chairing commissions of inquiries do not enjoy the legal shield and litigants do not have to seek permission before challenging commission reports.Business Day