On Monday, former South African President Jacob Zuma applied for the recusal of Deputy Chief Justice Dikgang Moseneke’s appointment of Judge Sisi Khampepe to lead the commission of inquiry into State Capture. In his application, Zuma argued that Khampepe was unsuitable to lead the commission due to her previous involvement in a similar case.
The State Capture inquiry, which was set up by current President Cyril Ramaphosa, aims to investigate allegations of corruption and state capture during Zuma’s nine-year tenure as President. Khampepe, who was appointed by Deputy Chief Justice Moseneke to lead the inquiry, has been met with opposition from Zuma and his legal team.
In his application, Zuma claimed that Khampepe’s involvement in a previous case, where she was appointed by then-President Thabo Mbeki to investigate the 2002 Zimbabwe elections, posed a conflict of interest. According to Zuma, Khampepe’s findings in that case were biased and therefore she could not be trusted to lead the State Capture inquiry.
However, Zuma’s application was met with criticism and skepticism from various political parties and civil society groups. The Democratic Alliance (DA) labeled Zuma’s move as a delay tactic to avoid accountability for his alleged involvement in state capture. The Economic Freedom Fighters (EFF) also condemned Zuma’s actions, stating that he was attempting to undermine the legitimacy of the commission.
Despite the opposition, Zuma’s legal team stood by their application, stating that Khampepe’s involvement in the Zimbabwe election case was enough to question her impartiality in the State Capture inquiry. They also argued that Khampepe’s appointment was against the principle of natural justice, which states that a judge should not preside over a case in which they have a personal interest.
However, in a turn of events, Khampepe voluntarily recused herself from the State Capture inquiry, stating that she did not want to be a distraction to the commission’s important work. This decision was met with praise and support from various political parties and civil society groups, who saw it as a demonstration of Khampepe’s integrity and commitment to justice.
President Ramaphosa also commended Khampepe for her decision, stating that it was a testament to her character and judicial independence. He also assured the public that a new judge would be appointed to lead the commission and that the inquiry would continue without delay.
The voluntary recusal of Khampepe has been seen as a positive step towards a fair and impartial investigation into state capture. It also highlights the importance of judicial ethics and the integrity of judges in upholding the rule of law.
In conclusion, Zuma’s application for Khampepe’s recusal may have caused a delay in the State Capture inquiry, but it has also shown the strength and independence of South Africa’s judiciary system. Khampepe’s voluntary recusal has proven her commitment to justice and has restored confidence in the commission’s ability to uncover the truth behind state capture. As the inquiry continues, it is important for all parties involved to put aside personal interests and work towards the common goal of upholding the rule of law and promoting good governance in South Africa.
