The Gauteng High Court dismissed the application brought by former Presidents Jacob Zuma and Thabo Mbeki to withdraw retired Justice Sisi Khampepe as chairperson of the Commission investigating alleged political interference in the prosecution of apartheid era crimes.

Last year, the former Presidents approached the courts for Khampepe’s recusal, arguing that her past roles specifically on the original Truth and Reconciliation Commission amnesty committee and as deputy National Director of Public Prosecutions created a "reasonable apprehension of bias".

The court explained that the former Presidents were required to obtain Chief Justice Mandisa Maya’s consent before instituting review proceedings against Khampepe, as per Section 47 of the Superior Courts Act.

“Leave to cite in terms of Section 47 (1) must be obtained. This is so regardless of whether the matter relates to either a Judge’s judicial functions and activities or private affairs. It applies to civil proceedings, as in this instance, intended to be instituted against the Judge in the Judge’s personal or judicial capacities,” the judgment read.

It explained that this also applied to retired judges such as Khampepe.

Zuma and Mbeki were ordered to personally pay the legal costs of the failed application.