Former president Thabo Mbeki has officially moved to stop a summons that would force him to testify before the Truth and Reconciliation Commission (TRC) later this week. He isn't doing this alone, as former justice minister Bridgette Mabandla has joined him in the urgent legal bid. The pair approached the Gauteng High Court in Johannesburg to hit the brakes on a process they view as a potential trap.
At the heart of the drama is the question of who leads the inquiry. Mbeki’s legal team is pushing for retired Judge Sisi Khampepe to step down as chairperson, claiming she can't be impartial. This specific recusal challenge is currently scheduled to be heard by the Constitutional Court on June 29. Meanwhile, the commission issued subpoenas on May 14, demanding the former leaders appear this Wednesday and Thursday.
The summons was issued with the sole purpose of securing our attendance at the commission, to appear before the chairperson, with full knowledge of our apprehension of bias against her and thereby undermining the pending appeal proceedings and our constitutional rights to pursue the chairperson’s recusal.
In an affidavit filed with the high court, Mbeki made it clear he's willing to tell his story, just not to this version of the commission. He argued that once evidence is given, it stays on the record forever. If the court eventually decides that Judge Sisi Khampepe was indeed conflicted, the testimony would have already been extracted under a process that might be declared invalid.
The applicants are asking the high court for an order that would freeze the summons until the Constitutional Court and the Supreme Court of Appeal finish their work on the recusal matter. If the court agrees, the subpoenas will effectively be on ice. If not, Mbeki and Bridgette Mabandla face a difficult choice: show up or risk being hit with criminal charges for ignoring a formal legal order.
Mbeki pointed out that the commission sat quietly through oral hearings since February without feeling the need to use its coercive powers on him. He finds the sudden pivot to subpoenas suspicious, calling it an attempt to finish the investigation before the courts can rule on the legitimacy of the chairperson. The commission’s recent actions, he argues, are an abuse of power designed to render the appeal proceedings completely meaningless.
This isn't just about avoiding a hot seat; it's about the fairness of the investigative process. The Truth and Reconciliation Commission, established to uncover the truth behind historical wrongs, has the authority to compel witnesses to give evidence under oath. If that authority is wielded by someone the subject deems biased, the entire exercise faces a legitimacy crisis.
Mbeki emphasized that he has a constitutional right to appear before an impartial body. He noted that there's no real harm to the commission if his testimony is delayed, as there are plenty of other witnesses for the commission to interview in the meantime. The commission has essentially been told by Mbeki’s lawyers that they would cooperate freely if the leadership issue is resolved in a way that respects the legal process.
Bridgette Mabandla served as the Minister of Justice and Constitutional Development during the Mbeki administration. Her involvement alongside the former president shows that this isn't just a personal grievance but a coordinated stance from key figures of that era. Both individuals are essentially telling the commission that if they're forced to testify now, they're being coerced into a process they believe is fundamentally tainted. Their legal team remains focused on resolving the leadership dispute through the courts.