Former president Thabo Mbeki has launched urgent court proceedings in the Gauteng High Court, Johannesburg, to challenge a summons requiring him to testify before the Truth and Reconciliation Commission (TRC). The legal move follows an attempt by the commission to compel testimony from Mbeki and former justice minister Bridgette Mabandla this week.
The dispute centers on Mbeki’s ongoing legal challenge to have retired Judge Sisi Khampepe recuse herself as the chairperson of the TRC inquiry. While that matter is set to be heard by the Constitutional Court on June 29, the commission issued summonses to Mbeki and Mabandla on May 14, demanding their appearance on Wednesday and Thursday, respectively.
Legal Challenges and Allegations of Bias
Mbeki and Mabandla are seeking an urgent order to suspend the summonses pending the outcome of their challenges before both the Constitutional Court and the Supreme Court of Appeal. They further intend to ask the court to declare the summonses unlawful, unconstitutional, and invalid.
In an affidavit, Mbeki stated, “Once we have given evidence before the Commission in its current constitution, that evidence cannot be recalled or expunged.” He argued that by forcing their testimony now, the commission is attempting to lend legitimacy to proceedings that may eventually be declared unlawful.
Mbeki characterized the commission’s actions as an abuse of power, noting that the body had not used its coercive powers to compel their attendance since oral hearings began in February. He suggested the sudden move is designed to “steamroll” the investigation before the Constitutional Court can rule on the recusal application, labeling the commission’s conduct as acting in “bad faith.”
Did You Know?
Although the commission began its oral hearings in February, it did not exercise its “coercive powers” to compel testimony from Thabo Mbeki and Bridgette Mabandla until May 14.
Potential Implications
The core of the conflict lies in the definition of an impartial commission. Mbeki maintains that he and Mabandla have a constitutional right to appear before an impartial body and that forcing them to testify before Judge Khampepe—who has already refused to recuse herself—undermines their legal efforts. He warned that ignoring the summons could lead to criminal charges, creating a situation he describes as potentially invasive.
Expert Insight:
The stakes here involve a fundamental tension between the commission’s mandate to finalize its work and the rights of high-profile witnesses to due process. If the Gauteng High Court grants the interim interdict, it would effectively freeze the commission’s ability to compel testimony from these individuals until the higher courts provide clarity on the chairperson’s status. Should the commission continue to push for testimony, it risks further legal challenges regarding the validity of any evidence gathered while the impartiality of the chair remains under judicial review.
Frequently Asked Questions
Why is Thabo Mbeki refusing to testify at this time?
Mbeki is not objecting to providing evidence in principle, but he objects to doing so while his legal challenge for Judge Sisi Khampepe to recuse herself from the commission is still pending before the Constitutional Court.
What is the primary goal of the current court application?
Mbeki and Bridgette Mabandla are seeking an urgent order to suspend the summonses and eventually have them declared unlawful, unconstitutional, and of no force.
What happens if the court does not grant the interdict?
Mbeki stated that if he and Mabandla are unsuccessful in their legal challenges, they will subject themselves to the commission.
Do you believe the commission’s push for testimony serves the interest of justice, or does it prematurely validate a process currently under judicial scrutiny?
