Press Statement
To: All Media
ATT: News Editors, Human Rights Reporters
For Immediate Release
31 March 2026
PRESS STATEMENT
High Court Dismisses Zuma and Mbeki Application: Victims’ Families and the Foundation for Human Rights Welcome the Judgment
We welcome the majority judgment of the Johannesburg High Court, which dismissed the judicial review application brought by former Presidents Jacob Zuma and Thabo Mbeki. The application sought to challenge the ruling of Justice Sisi Khampepe dismissing applications brought by former President Zuma and President Mbeki, to recuse herself from presiding over the Commission of Inquiry. The Commission was established by President Ramaphosa on 29 May 2025 and is investigating whether, from 2003 to the present, there were attempts to prevent the investigation and prosecution of apartheid-era crimes.
A majority judgment was penned by Judge T.P. Mudau and Judge S. Baqwa concurring, with Judge L. Modiba dissenting in a separate judgment. The Court found that former Presidents Zuma and Mbeki failed to comply with a peremptory procedural requirement set out in section 47 of the Superior Courts Act 10 of 2013 (“the Act”): obtaining the consent of the Chief Justice before instituting proceedings in the High Court against Justice Khampepe, a retired Constitutional Court judge. The applicants argued that Justice Khampepe does not fall within the definition of a “judge” for the purposes of section 47 of the Act, and that, accordingly, no consent from the Chief Justice was required to institute the review application. The Court rejected this argument, holding that:
“The applicants were required to obtain the Chief Justice’s consent before instituting these review proceedings. They failed to do so. This failure is fatal. Leave to cite in terms of section 47(1) must be obtained. This is so regardless of whether the matter relates to either a judge’s judicial functions and activities or private affairs.” (para. 54)
The Court grounded its reasoning in the constitutional and international law principles underpinning judicial independence and the rule of law, noting that:
“Section 47 gives effect to this constitutional and international law imperative by providing a procedural filter that protects judges from unwarranted litigation that could compromise their independence or distract them from their duties.” (para. 44)
The Court further held:
“[Justice Khampepe], though retired, continues to perform public service as Chairperson of a Commission of Inquiry. In doing so, she remains bound by her judicial oath and the ethical standards that attach to her office. She is entitled to the same protections as a judge in active service, precisely because the threats to judicial independence—vexatious litigation, personal attacks, and attempts to influence or intimidate—are no less real in the commission context.” (para. 45)
The High Court dismissed the application on procedural grounds and did not consider the merits of the case.
We welcome this judgment and the confirmation that the Commission can continue its critical work, pending any further legal steps that may be taken by former Presidents Zuma and Mbeki.
As the Commission proceeds with its hearings, we urge all parties, institutions, and individuals to cooperate fully to ensure that the truth is uncovered and that the systemic failures to investigate and prosecute apartheid-era political crimes are fully exposed. END/
Media queries:
Zaid Kimmie, Executive Director, Foundation for Human Rights, at zkimmie@fhr.org.za or 082 883 4934.
Asmita Thakor, asmita.thakor@webberwentzel.com / 082 459 2327
Background to the Commission
In January 2025, 25 families and survivors and the FHR brought an application to compel President Cyril Ramaphosa to establish a commission of inquiry into the interference in the investigation and prosecution of TRC cases, together with a claim for constitutional damages. President Ramaphosa agreed to establish an inquiry and the Khampepe Commission was launched on 29 May 2025.
The Commission, established under the Commissions Act, is a quasi-judicial body tasked with inquiring into allegations of interference in the criminal justice system in respect of the TRC cases. This interference resulted in the blocking of hundreds of murder cases and other serious crimes from South Africa’s past from being taken forward.
List of victims’ families and survivors who brought a constitutional damages court application in January 2025 and who are a party to the Khampepe Commission:
1) Lukhanyo Bruce Matthews Calata (1st Applicant) – representing the family of the late Fort Calata, one of the Cradock Four activists.
2) Alegria Kutsaka Nyoka (2nd Applicant) – representing the family of the late Caiphus Nyoka.
3) Bonakele Jacobs (3rd Applicant) – representing the family of the late Mxolisi ‘Dicky’ Jacobs.
4) Fatiema Haron-Masoet (4th Applicant) – representing the family of the late Imam Haron.
5) Tryphina Nomandlovu Mokgatle (5th Applicant) – representing the family of the late Zandisile Musi as well as other COSAS Four families, including the families of Eustice ‘Bimbo’ Madikela, Ntshingo Matabane and Fanyana Nhlapo.
6) Karl Andrew Weber (6th Applicant) – a survivor of the Highgate Hotel Massacre in East London on 1 May 1993.
7) Kim Turner (7th Applicant) – representing the family of the late Dr Rick Turner.
8) Lyndene Page (8th Applicant) – sister of the late Deon Harris, who died at the Highgate Hotel Massacre in East London on 1 May 1993.
9) Mbuso Khoza (9th Applicant) – representing the family of Musawakhe ‘Sbho’ Phewa, who was forcibly disappeared in 1987.
10) Neville Beling (10th Applicant) – a survivor of the Highgate Hotel Massacre in East London on 1 May 1993.
11) Nombuyiselo Mhlauli (11th Applicant) – representing the family of the late Sicelo Mhlauli, one of the Cradock Four activists.
12) Sarah Bibi Lall (12th Applicant) – representing the family of the late Dr Hoosen Haffejee.
13) Sizakele Ernestina Simelane (13th Applicant) – representing the family of the late Nokuthula Simelane, who was forcibly disappeared in 1983.
14) Sindiswa Elizabeth Mkonto (14th Applicant) – representing the family of the late Sparrow Mkonto, one of the Cradock Four activists.
15) Stephans Mbuti Mabelane (15th Applicant) – representing the family of the late Matthews ‘Mojo’ Mabelane.
16) Thuli Kubheka (16th Applicant) – representing the family of Ntombikayise Priscilla Kubheka, who was forcibly disappeared in 1987.
17) Hlekani Edith Rikhotso (17th Applicant) – representing the family of Ignatius ‘Iggy’ Mthebule, who was forcibly disappeared in 1987.
18) Tshidiso Motasi (18th Applicant) – representing the family of the late Richard and Busisiwe Irene Motasi.
19) Nomali Rita Galela (19th Applicant) – representing the family of the late Twasile Champion Galela, one of the PEBCO 3 activists.
20) Phumeza Mandisa Hashe (20th Applicant) – representing the family of the late Sipho Hashe, one of the PEBCO 3 activists.
21) Mkhontowesizwe Godolozi (21st Applicant) – representing the family of the late Qaqawuli Godolozi, one of the PEBCO 3 activists.
22) Mogapi Solomon Tlhapi (22nd Applicant) – representing the family of Nicholas Ramatua ‘Boiki’ Tlhapi, who was forcibly disappeared in 1986.
