JOHANNESBURG - The Gauteng High Court in Johannesburg has dismissed a recusal application by former presidents Jacob Zuma and Thabo Mbeki to have TRC cases inquiry chairperson Justice Khampepe removed.
The judgment handed down electronically on 30 March said Mbeki and Zuma failed to get prior consent from the Chief Justice before instituting the review proceedings against Khampepe.
“The proceedings are void ab anitio. As they were a nullity from the start, this Court lacks the jurisdiction to entertain them,” read the strongly worded judgement.
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“It follows that the application must be dismissed on this basis alone. Its neither necessary nor competent for the Court to consider the other grounds of review raised by the applicants or the question of urgency.”
The court also slammed Zuma and Mbeki for what it termed “direct attacks” on Khampepe’s character and integrity in their founding affidavits.
“If such powerful litigants can take legal action against a judge without prior consent, the potential for abuse is manifest.”