‘Taste of her own medicine’: Mpofu targets Khampepe in recusal battle
· Citizen
Jacob Zuma’s legal representative, Advocate Dali Mpofu, has argued that former Constitutional Court Justice Sisi Khampepe’s decision to refuse the former president’s urgent application for her recusal is invalid and unlawful and that she should get a “taste of her own medicine” in the form of a punitive costs order.
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Arguments in the review application got underway in the Gauteng High Court on Monday in a battle to have Khampepe recuse herself over stalled prosecutions of apartheid-era crimes identified in the Truth and Reconciliation Commission (TRC) report.
Zuma and Mbeki
In January, Zuma and former president Thabo Mbeki filed separate applications for Khampepe’s recusal from chairing the commission of inquiry into allegations that attempts were made to stop the investigation or prosecution of TRC cases.
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, Khampepe ruled that both applications for her recusal, brought by the former presidents, “must be dismissed,” sparking a review application.
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WhatsApp and emails
During proceedings on Monday, Mpofu argued that a whistleblower revealed the existence of emails and WhatsApp messages from Khampepe to Chief Evidence Leader advocate Ismael Semenya.
Mpofu said this demonstrates gross misconduct on her part and asked the court to review and set aside her decision not to recuse herself as chair of the commission.
“Sometime in November 2025 says [former] president Jacob Zuma, it was reported to me by a whistleblower that the Chairperson had committed actions that amount to bias, gross misconduct and or corruption in that she had coached and colluded with one of the parties in the Semenya recusal application.
“Semenya himself in that she advised him about weaknesses in his case and even went as far as sharing research in her possession regarding the disputes and telling him to convey certain tips to Advocate Vas Soni, who was representing Advocate Semenya SC, so that is the allegation,” argued Mpofu.
TRC commission
However, Judge Lebogang Modiba, taking on Mpofu, argued that even if Justice Khampepe’s judgment were set aside, she would still continue with the work of the commission.
“No, no, no, how can she remain, Justice? If the non-recusal decision is set aside, what remains is the recusal; all you are saying is that the decision she should have reached was to recuse herself,” Mpofu argued.
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‘Taste of own medicine’
Mpofu further argued that, in seeking an order compelling their release, the WhatsApp messages and emails Zuma claimed as evidence pointed to improper collusion.
“If you like, then you can say she must have a taste of her own medicine and go practise what she preaches. If there was something more than personal and punitive costs, we would ask for it.”
However, the commission argued that the application was not properly before the court and reserved judgment.
Bias
Mbeki’s legal counsel, Advocate Ngwako Maenetje, argued that it was unsurprising that his client would have an apprehension of bias regarding Khampepe.
“When you are now the chair sitting, there are victims before you, families of victims, that you, in respect of whom you said the perpetrators must be prosecuted, and you were in the NPA to prosecute them, and you simultaneously refuse me. Amnesty and former president Zuma, we must somehow, somehow, it is unreasonable, wholly unreasonable, that applying a normative value of an ordinary person in the streets looking up on this, would find that this is, I have an apprehension,” argued Maenetje.
The review application continues on Tuesday, with the TRC Cases Commission expected to put forward its rebuttal.