PRESS RELEASE
To: All Media
ATT: News Editors, Human Rights Reporters
For Immediate Release
12 November 2025
Survivors and Victims’ Families of Apartheid-Era Crimes Disappointed by Delays in TRC Inquiry
Statement by the Foundation for Human Rights (FHR)
The survivors, families of apartheid-era victims and the Foundation for Human Rights (FHR) are deeply frustrated at the abrupt postponement of the Commission of Inquiry into the political interference of Truth and Reconciliation Commission (TRC) cases.
The first sitting of the Commission of Inquiry, chaired by Justice Sisi Khampepe, started on Monday, 10 November 2025. It was scheduled to begin with arguments on whether the Calata group witnesses could be led by their own counsel. This was to be followed by opening statements and the family witnesses, led either by their counsel or the evidence leaders, depending on the ruling of the Commission.
However, the hearing was abruptly adjourned to 26 November 2025 following an objection by the National Prosecuting Authority (NPA) and the Minister of Justice (MOJ) to the involvement of Chief Evidence Leader, Advocate Ishmael Semenya SC, in the proceedings of the Commission.
On 18 September 2025, the attorneys for the Calata Group had written to Judge Khampepe requesting that Semenya be excluded from deliberations on the Prosecution Policy amendments, since in 2008 he had represented the NPA and the MOJ in a constitutional challenge to those amendments. On 19 September 2025, the Judge confirmed in a letter to Webber Wentzel that she had acceded to this request. Copies of both letters were forwarded to counsel for the NPA at that time.
Despite being aware of the possible conflict of Semenya for nearly seven weeks, the NPA did not raise any objections or bring an application for his removal or recusal. Only in their objection and arguments filed last week, addressing the question of the Calata group leading their witnesses, did they and the Minister of Justice raise a general objection to his participation. Even by the start of the first hearing on Monday, 10 November 2025, neither party had prepared an application for his removal.
At the hearing on Monday, counsel for the MOJ indicated that her client would abide by the Commission’s ruling of 19 September 2025. Counsel for the NPA confirmed that he had not prepared a recusal application and would comply with the Commission’s directions.
The Commission then gave directions for the filing of the application, answering and replying papers, written arguments and then adjourned the hearing until 26 November 2025 for oral arguments on the recusal.
The long adjournment caught the families by surprise. They assumed that once the recusal directions had been given, that Semenya would be required to stand down pending the outcome of the recusal application; and that arguments would proceed on whether the Calata group witnesses could be led by their own counsel. This would then be followed by the opening statements, and the family witnesses would then be led either by their counsel or the evidence leaders, depending on the Commission’s ruling.
The adjournment to deal with the recusal has collapsed the first hearing of the Commission, which had been set down for three weeks, and at which 15 witnesses were to testify. This results in a significant waste of taxpayer money, given the costs of the five government legal teams, the Commission itself, and those who must fund their own attendance at the hearing.
The Commission can ill-afford to lose three weeks of hearings in light of how long the proceedings have already been delayed. More than five months have elapsed since the establishment of the Commission on 29 May 2025. The current sitting was set down between 10 and 28 November 2025, meaning it will have only two days remaining after the recusal arguments on 26 November 2025 [1].
Despite this setback, the families and survivors reaffirm their commitment to the Commission. They urge all parties to act in good faith to ensure the Commission resumes without further interruption. They remain hopeful that the inquiry will finally expose the truth and provide a measure of the accountability and closure they have been so long denied.
Media queries:
Foundation for Human Rights: Zaid Kimmie, zkimmie@fhr.org.za / 082 883 4934.
The Khampepe Commission was established by President Ramaphosa to investigate the alleged systemic political interference that obstructed the investigation and prosecution of TRC cases.
[1] In terms of Proclamation (No. 264 of 2025) the Commission was meant to conclude its work at the end of November and submit its report by the end of January 2026.
/End/
