The son of Fort Calata, one of the Cradock Four anti-apartheid activists killed by security police in June 1985, says former presidents Jacob Zuma and Thabo Mbeki should be “ashamed of themselves” for launching a scathing attack on retired Justice Sisi Khampepe.
A full bench of the Gauteng High Court in Johannesburg on Monday dismissed a bid by Zuma and Mbeki to have Khampepe recuse herself as chairperson of a commission of inquiry into stalled prosecutions of apartheid-era crimes, as identified in the Truth and Reconciliation Commission (TRC) report.
Judgment
This means Khampepe will remain chairperson of the TRC cases inquiry.
Acting Deputy Judge President of the High Court, Judge Thifhelimbilu Phanuel Mudau, also dismissed Zuma and Mbeki’s “prayer” for punitive and personal costs against Khampepe.
Calata family
Fort Calata’s son, Lukhanya Calata, welcomed the judgment.
“We thought at the time, as the families, that this was a waste of time, that the presidents really are trying to hide, or the former presidents are really trying to hide something, and we’re fortunate in that the court has agreed with us as the families.
“This means that next time the Khampepe Commission is meant to sit and investigate why the cases of our loved ones were politically interfered with in government, that commission can now go ahead without any further hindrances,” Calata told eNCA.
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Seeking permission
Calata said Zuma and Mbeki should have approached Chief Justice Mandisa Maya of the Constitutional Court for permission to bring an application for the recusal of Khampepe and then proceed with the current bid.
“But they didn’t. Instead, former presidents Jacob Zuma and Thabo Mbeki went to the High Court, knowing that they didn’t have the required permission, and launched a scathing attack against Justice Sisi Khampepe, who did not appoint herself. I think the two former presidents should really be ashamed of their conduct in this manner.”
Ramaphosa
Khampepe’s recusal was supported by President Cyril Ramaphosa, who last year initially appointed Justice Khampepe to chair a judicial commission of inquiry.
Calata did not have kind words for Ramaphosa.
“The president has shown himself in this instance that I doubt he knows his left hand from his right hand, and the manner in which he conducted himself in this instance was for us as a family, is quite disappointing, and, yes, of course, the court finds it commendable that he had tried to assist the court.
“The president should have just stayed out of it in the first place. He really should have. I think what he’s done here was clearly to show his hand, and we know, obviously, where he’s at. But I think the most important thing for us, as the families, is that the time for Thabo making Jacob Zuma’s reckoning has come,” Calata said.
The Citizen has contacted the spokespersons for Ramaphosa, Zuma and Mbeki for comment. Responses will be added to the story when received.
Mbeki’s spokesperson, Anga Jamela, said: “We won’t be making a comment.”
First recusal application
Zuma and Mbeki filed separate applications challenging her continued role, arguing that her past judicial decisions may compromise her impartiality.
In their papers, the duo argued that Khampepe previously served on the TRC amnesty committee and later as Deputy National Director of Public Prosecutions under then-NDPP Bulelani Ngcuka.
They contend that these roles give rise to a “material and disqualifying conflict of interest” regarding the commission’s subject matter and mandate.
However, in January, Khampepe ruled that both applications for her recusal, brought by the former presidents, “must be dismissed”, sparking a review application.
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