Khampepe had earlier rejected their recusal bids in January 2026, citing a lack of evidence of bias and unreasonable delays in bringing the applications.

President Cyril Ramaphosa, who initially appointed her, had expressed concerns about her impartiality due to her past roles and supported her stepping aside, but the court’s decision upholds her position and paves the way for the long-delayed TRC inquiry to resume, bringing some relief to victims’ families awaiting accountability for apartheid-era crimes.

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Judge Nicolene Janse Van Nieuwenhuizen ruled that it would be unjust to postpone the case any longer, noting that many affected families have waited years for closure. She criticised the government for causing delays and then seeking yet another indefinite postponement without clear justification.

The families, supported by the Foundation for Human Rights, filed the case earlier this year against President Cyril Ramaphosa and the state, arguing that the lack of action on TRC recommendations violated their constitutional rights.

In May, President Ramaphosa established a judicial commission chaired by retired Justice Sisi Khampepe to examine allegations that justice in TRC-related cases was stalled due to political interference. However, after forming the commission, the government sought to pause the damages case until the commission completed its work — a move now blocked by the court.

GOOD Party spokesperson Brett Herron welcomed the decision, calling it a “vital step toward restoring the integrity of South Africa’s justice system.” He added that the ruling reinforces accountability and highlights the need to end the culture of impunity surrounding unresolved apartheid-era crimes.

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Former Constitutional Court Justice Sisi Khampepe has been appointed to chair a judicial inquiry into delays in prosecuting apartheid-era crimes, as announced by President Cyril Ramaphosa.

The Truth and Reconciliation Commission (TRC) inquiry will investigate whether there were deliberate efforts to obstruct the investigation or prosecution of cases referred by the TRC to the National Prosecuting Authority (NPA).

The TRC, established in the 1990s to address human rights violations during apartheid, referred numerous cases to the NPA for further action. However, many of these cases have faced significant delays, raising concerns about justice for victims and accountability for perpetrators.

The inquiry aims to uncover any systemic or intentional barriers that may have hindered progress.

Justice Khampepe, known for her extensive judicial experience and commitment to human rights, is expected to bring rigor and impartiality to the investigation.

The inquiry’s findings could have far-reaching implications for South Africa’s ongoing efforts to reckon with its apartheid past and ensure justice for victims of historical atrocities.

The presidency has not yet announced a timeline for the inquiry’s completion, but stakeholders, including victims’ families and civil society groups, are hopeful that it will pave the way for truth and accountability.

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