Sisi Khampepe

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Sisi Khampepe
Justice of the
Transvaal Provincial Division
Personal details
Born (1957-01-08) 8 January 1957 (age 67)
Transvaal
Union of South Africa
SpouseSiza Khampepe
Alma materUniversity of Zululand
Harvard Law School

Sisi Virginia Khampepe (born 8 January 1957) is a retired South African judge who served in the

Transvaal Provincial Division. She was also a member of the Truth and Reconciliation Commission
.

Born in Soweto, Khampepe entered legal practice as a fellow of the Legal Resources Centre before she gained admission as an attorney in 1985. For a decade thereafter, she ran her own firm in Johannesburg, primarily representing employees and trade unions in labour law matters. Between 1995 and 1998, she served at the appointment of President Nelson Mandela as a member of the post-apartheid Truth and Reconciliation Commission, and from 1998 to 1999 she was a director in the National Prosecuting Authority.

In December 2000, President

Judicial Commission of Inquiry into Allegations of State Capture v Zuma, in which she sentenced former President Zuma to imprisonment for contempt of court
.

Early life and education

Khampepe was born on 8 January 1957 in the township of Soweto, where she grew up.[1] The youngest of three sisters,[2] she was born into a Zulu family.[3] She attended Mosepele Primary School in Soweto and matriculated in 1975 at Dlwangezwa High School in Natal Province.[4]

During her childhood, Khampepe's mother, a domestic worker, often left her in the care of her uncle, until he was arrested for contravening

competitive debating in high school. One of her coaches told her that she reminded him of politician Helen Suzman and that, if she went to university, she should study law as Suzman had.[2]

After matriculating, she studied law at the University of Zululand in Empangeni, where she completed a BProc in 1980 and where she was, in her own words, "always one of the top in my class".[2] During her vacations as a student in 1979 and 1980, she worked as a legal adviser at the Industrial Aid Society, which advocated for the labour rights of black workers.[1] After graduation, she accepted a fellowship at the Legal Resources Centre, which lasted between 1981 and 1983.[1] During that period, one of her former professors encouraged her to apply for a postgraduate scholarship,[2] and she ultimately moved to Massachusetts to attend Harvard Law School, completing an LLM in 1982.[1]

Legal career

Practice as an attorney

Upon her return to South Africa, Khampepe struggled to find a placement for her

litigation by a young black woman.[5]

After she was admitted as an

Federation international des employés.[1] She was also a member of the Black Lawyers' Association throughout her legal career, and, in Soweto, she was a facilitator of the local street committee.[1]

Truth and Reconciliation Commission

On 15 December 1995, Khampepe was among the 17 individuals appointed by President

human rights violations.[6] There she worked closely with Bernard Ngoepe, another commissioner and a judge, who became a mentor to her and ultimately influenced her decision to join the judiciary.[2]

National Prosecuting Authority

Upon the conclusion of the commission's work, in September 1998, Khampepe was appointed to the newly established National Prosecuting Authority as Deputy National Director of Public Prosecutions under Bulelani Ngcuka. She held that position until December 1999.[1]

Gauteng High Court: 2000–2009

On 31 October 2000, President

Witwatersrand Local Division (later the South Gauteng Division).[8]

During her High Court Service, Khampepe was appointed as the vice-chairperson of the

Donald McKinnon of the Commonwealth of Nations seconded her as a member of the Commonwealth Observer Group to the 2006 Ugandan general election.[1]
In addition, President Mbeki appointed her to two high-profile government panels in South Africa.

Khampepe Report

In 2002, President Mbeki appointed Khampepe and Judge

vote-rigging by Robert Mugabe's ZANU–PF. Khampepe and Moseneke's report, the so-called Khampepe Report, was not published; instead, Mbeki relied on a favourable report from another mission, the larger South African Observer Mission, in endorsing Mugabe's re-election as valid.[9] The Mail & Guardian subsequently launched a prolonged campaign to gain access to the Khampepe Report, lodging a request in terms of the Promotion of Access to Information Act and fighting governmental appeals, under three successive South African presidents, in three courts.[10][11] The report was finally made public in November 2014, and it transpired that Khampepe and Moseneke had advised Mbeki that the 2002 election was not free or fair.[12]

Khampepe Commission

See also: Khampepe Commission and Scorpions (South Africa) § Khampepe Commission

In March 2005, President Mbeki appointed Khampepe to lead a one-person commission of inquiry into the future of the

Directorate of Special Operations, the specialised anti-corruption unit better known as the Scorpions. She was tasked with investigating the mandate of the Scorpions, its relationship with other law enforcement agencies, and its location under the National Prosecuting Authority.[13][14] The appointment was viewed as a "hot political potato", given that the Scorpions had conducted several high-profile investigations into sitting politicians.[8] The Khampepe Commission conducted its work between April 2005 and February 2006,[1] but Khampepe's report was not released to the public until May 2008.[15]

Her report was broadly supportive of the Scorpions, concluding that it fulfilled a valuable mandate and recommending that it should continue to exist as a unit of the National Prosecuting Authority, though under the political oversight of the

Minister of Justice.[15][16] However, by the time the report was released, Mbeki's political party, the African National Congress (ANC), had already initiated legislation to disband the Scorpions entirely.[17] Nonetheless, observers said that Khampepe's "principled line" and "politically incorrect defence of the unit's prosecutorial independence" cemented her public profile and her reputation as a judge.[8][18]

Labour Appeal Court

On 19 November 2007, President Mbeki appointed Khampepe as a judge of the specialised Labour Appeal Court of South Africa. She took office later the same month,[1] alongside Judges Dennis Davis and Monica Leeuw.[19] She was nominated to the court by its acting Judge President, Ronnie Bosielo, and was its only woman judge at the time of her appointment.[20] During her two years there, she served a stint as acting Deputy Judge President.[2]

Constitutional Court: 2009–2021

Nomination

In August 2009, Khampepe was among the 24 candidates whom the Judicial Service Commission shortlisted for possible appointment to four vacancies on the Constitutional Court of South Africa, arising from the respective resignations of Justices Pius Langa, Yvonne Mokgoro, Kate O’Regan, and Albie Sachs.[18] Khampepe was regarded as one of the frontrunners, both because she was respected as a judge and because of her "perceived closeness" to Justice Sandile Ngcobo, who was earmarked for appointment as Chief Justice of South Africa.[21] She was interviewed by the Judicial Service Commission on 21 September in Kliptown, Soweto, and the panel asked her primarily about her experience as the head of the Khampepe Commission and her treatment of political stakeholders in that process.[22] The Mail & Guardian viewed these questions as indicative of the Judicial Service Commission's "soft handling" of Khampepe.[23]

The following day, upon the conclusion of its interviews, the Judicial Service Commission endorsed Khampepe and six other candidates as suitable for appointment.[24] Anonymous sources told News24 that Khampepe had the unanimous support of the commission's members, including Justice Minister Jeff Radebe and outgoing Chief Justice Pius Langa, less because of her jurisprudence than because of "her wide experience and her ability to apply her mind".[25] On 11 October 2009, President Jacob Zuma announced that he had appointed Khampepe and three others – Johan Froneman, Chris Jafta, and Mogoeng Mogoeng – to the Constitutional Court bench, with effect from the following day.[26]

A 2017 hearing of the Constitutional Court of South Africa

Judicial leadership

Justice Edwin Cameron later characterised Khampepe as "perhaps the second most powerful person in this Court after the Chief Justice",[3] and in 2011, as Ngcobo's retirement approached, she was regarded as one of the frontrunners in the race to succeed him as Chief Justice,[27] especially given rumours that Ngcobo himself supported her elevation.[28] Although Deputy Chief Justice Dikgang Moseneke was considered to be the overall favourite, commentators believed that Khampepe would be the foremost candidate if President Zuma elected to appoint a woman;[28] according to Eusebius McKaiser, she was "more politically acceptable to the ANC than other options".[29] Over the objections of civil society groups, both Moseneke and Khampepe were ultimately overlooked in favour of Justice Mogoeng Mogoeng.[30] However, there were reports that Zuma had offered the position to Khampepe ahead of Moseneke, but that she had declined because she felt that Moseneke was better-qualified.[31]

In later years, Zuma's successor, President Cyril Ramaphosa, twice appointed Khampepe to fill in for Mogoeng as Acting Chief Justice, once in 2019 and once in 2021; on both occasions, she assumed Mogoeng's office through appointment as Acting Deputy Chief Justice in place of Raymond Zondo, who at the time was presiding over his commission of inquiry into state capture.[32][33] She additionally served as the chairperson of the court's Artworks Committee from 2015 onwards, having joined the committee in 2012 as a birthday present to Justice Johann van der Westhuizen.[34]

Jurisprudence

At the end of Khampepe's tenure in the Constitutional Court, Chief Justice Raymond Zondo singled out for commendation her jurisprudence "on the rights of

civil claims against their employers;[38] this holding enabled an unprecedented flurry of class action litigation against South African mines.[5][39]

Also welcomed was Khampepe's majority concurring judgment in Tshabalala v S; Ntuli v S, which contained various obiter remarks about the nature of rape in patriarchy; she characterised rape as fundamentally "an abuse of power expressed in a sexual way" and as "structural and systemic" rather than "unusual and deviant".[40] Her minority judgment in AB v Minister of Social Development was described as a "tour de force infused with both reason and compassion" and based on an expansive conception of reproductive rights.[41]

Zuma II
.

Zuma judgments

See also: Jacob Zuma contempt of court

Khampepe herself considered the highlight of her career to be her defence of the

Judicial Commission of Inquiry into Allegations of State Capture v Zuma (Zuma II), the June 2021 judgment in which Khampepe wrote for the court's majority in sentencing former President Zuma to 15 months' imprisonment for contempt of court.[2] Khampepe, who was acting as Chief Justice at the time, wrote that Zuma had "left this court with no real choice" but to imprison him.[42] The ruling was significant because it marked the first time that the Constitutional Court had imprisoned someone for contempt of court,[43] but also because of its political sensitivity; Zuma's arrest the following week was followed by an outbreak of civil unrest. Khampepe later said that, though aware of the judgment's political significance, "I felt the same way that I feel when handing down any judgment... I had a sense of simply discharging my constitutional obligations".[44] Asked about the Jacob Zuma Foundation's claim that the judgment was "emotional and angry",[45] she said that she had expected "these misogynistic attacks".[44]

Described by

independence of the judiciary" than the judgment.[49] However, some commentators worried that the judgment neglected Zuma's right to a fair trial,[50] an argument that was made sharply by Justice Leona Theron in her dissenting judgment.[51]

In

Zuma v Judicial Commission of Inquiry into Allegations of State Capture (Zuma III), a related judgment handed down three months later, Khampepe wrote on behalf of the same majority in dismissing Zuma's application for rescission of the Zuma II order.[52] Though Zuma's spokesman, Mzwanele Manyi, called this judgment a "miscarriage of justice",[53] it was commended for resisting Zuma's so-called Stalingrad tactics; quoting approvingly from Khampepe's opening paragraph, which stated that, "Like all things in life, like the best of times and the worst of times, litigation must, at some point, come to an end", Mpumelelo Mkhabela suggested that the doctrine of legal finality should be renamed the Khampepe Doctrine in her honour.[54]

Retirement

Khampepe retired from the judiciary on 11 October 2021, at the end of her non-renewable 12-year term in the Constitutional Court.[35][55]

Higher education

In May 2022, Khampepe was appointed to succeed

Wiseman Nkuhlu as the Chancellor of the University of Pretoria; she began her renewable five-year term on 28 June 2022.[56]

The following month, the

University of Stellenbosch appointed her to conduct an independent inquiry into allegations of racism at the institution, which had proliferated in the wake of a video of a student urinating on a black student's belongings in the Huis Marais residence.[57][58] Her findings, published in November 2022, pointed to "a very toxic culture" at Huis Marais, which she recommended should be addressed through various governance reforms.[59] She also recommended a review of the university's language policy, observing an enduring "cultural preference" for the use of Afrikaans, which she said caused linguistic exclusion and racial division.[60] This recommendation attracted the ire of AfriForum and of the opposition Democratic Alliance (DA), which said it would seek judicial review of the report; DA politician Leon Schreiber accused Khampepe of "equating Afrikaans with racism".[61]

In November 2022, Khampepe was appointed to an independent panel at the University of Cape Town, which, under the chairmanship of retired Judge of Appeal Lex Mpati, was tasked with investigating allegations of governance failures at the university, including alleged gross misconduct by controversial vice-chancellor Mamokgethi Phakeng.[62]

Other activities

In September 2023, Panyaza Lesufi, the Premier of Gauteng, appointed Khampepe to chair a three-member commission of inquiry into a recent deadly fire in an illegally occupied government building in Marshalltown, Johannesburg.[63] During the commission's proceedings, Khampepe recused a co-commissioner, Thulani Makhubela, saying that his involvement would create an appearance of bias because he had previously used his Twitter account to voice support for xenophobic organisations, including Operation Dudula.[64] Dudula objected strongly, accusing Khampepe of "cheap politicking" and calling for her own removal from the commission.[65]

In November 2020, Danny Jordaan announced that Khampepe would be appointed to chair the newly established ethics committee of the South African Football Association (Safa).[66] In that capacity, she was called on to investigate various allegations of corruption in Safa.[67]

Personal life

She is married to businessman Siza Khampepe, with whom she has two children, a son and a daughter, both born before she joined the bench.

armed robbery at her family home in Randburg.[71]

References

  1. ^ a b c d e f g h i j k l m "Justice Sisi Khampepe (2009–2021)". Constitutional Court of South Africa. Retrieved 22 February 2024.
  2. ^ a b c d e f g h i j Plessis, Wendy du (12 September 2022). "Women in Business and Leadership: Sisi Khampepe". Acumen. Retrieved 22 February 2024.
  3. ^ a b Cameron, Edwin (22 August 2019). "The fight for our constitutional values is now urgent more than ever". News24. Retrieved 22 February 2024.
  4. ^ a b c "New judges" (PDF). Consultus. 14 (1). General Council of the Bar: 22. April 2001. Retrieved 11 October 2012.
  5. ^ a b c d e "Justice Sisi Khampepe". Our Constitution. 9 October 2020. Retrieved 22 February 2024.
  6. ^ Reddy, Vasu (1998). "Truth and Reconciliation Commission". South Africa Human Rights Yearbook. Vol. 8. pp. 267–298.
  7. ^ "Mbeki approves appointment of judges". WOZA. 31 October 2000. Retrieved 21 January 2024.
  8. ^ a b c "Book of SA Women: Judges". The Mail & Guardian. 4 August 2009. Retrieved 22 February 2024.
  9. ^ Allison, Simon (17 November 2014). "The Khampepe Report, a crushing blow to SA's diplomatic credibility". Daily Maverick. Retrieved 22 February 2024.
  10. ^ "Khampepe report: Keeping you in the dark". The Mail & Guardian. 1 February 2013. Retrieved 22 February 2024.
  11. ^ "M&G wins right to view Khampepe Report on Zim elections". The Mail & Guardian. 14 November 2014. Retrieved 22 February 2024.
  12. ^ "Khampepe: Zim's 2002 elections not free and fair". The Mail & Guardian. 14 November 2014. Retrieved 22 February 2024.
  13. ^ "Mbeki leaves Scorpions' fate up to one man". IOL. 18 March 2005. Retrieved 22 February 2024.
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  15. ^ a b "Khampepe: Scorpions must stay". News24. 5 May 2008. Retrieved 22 February 2024.
  16. ^ "Khampepe: Scorpions must stay". The Mail & Guardian. 5 May 2008. Retrieved 22 February 2024.
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  29. ^ "Perceptions of him within the ANC might be hurdle". Sowetan. 1 August 2011. Retrieved 22 February 2024.
  30. ^ "Unjust chief justice saga". News24. 3 September 2011. Retrieved 22 February 2024.
  31. ^ Plessis, Carien du (18 August 2011). "Chief Justice controversy: Why did Sisi Khampepe say no to Jacob Zuma?". Daily Maverick. Retrieved 22 February 2024.
  32. ^ Chabalala, Jeanette (5 November 2019). "Ramaphosa appoints Constitutional Court judge Sisi Khampepe as acting deputy chief justice". News24. Retrieved 22 February 2024.
  33. ^ Bhengu, Lwandile (5 May 2021). "Justice Sisi Khampepe appointed as acting chief justice". News24. Retrieved 22 February 2024.
  34. ^ "Judges interviews: Justice Sisi Khampepe". Constitutional Court Art Collection. Retrieved 22 February 2024.
  35. ^ a b "Zondo thanks retiring Justices Khampepe and Jafta for their service". The Mail & Guardian. 13 October 2021. Retrieved 22 February 2024.
  36. ^ "Concourt slaps down 'unconstitutional' sections of Sexual Offences Act". The Mail & Guardian. 3 October 2013. Retrieved 22 February 2024.
  37. ^ "Applause for Mogoeng's judicial cadenza". The Mail & Guardian. 17 October 2013. Retrieved 22 February 2024.
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  40. ^ "Editorial: ConCourt finds patriarchy guilty". The Mail & Guardian. 13 December 2019. Retrieved 22 February 2024.
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  42. ^ Maughan, Karyn (29 June 2021). "Justice Khampepe: Zuma gave ConCourt 'no choice' but to imprison him". News24. Retrieved 22 February 2024.
  43. ^ a b "End of the line, as top court puts Jacob Zuma behind bars". Business Day. 30 June 2021. Retrieved 22 February 2024.
  44. ^ a b Maughan, Karyn (16 May 2022). "'We could not pander to Mr Zuma' – Khampepe on why ConCourt had to send him to jail". News24. Retrieved 22 February 2024.
  45. ^ Haffajee, Ferial (1 July 2021). "Jacob Zuma draws from the patriarch's playbook as he insults Judge Sisi Khampepe". Daily Maverick. Retrieved 22 February 2024.
  46. ^ Haffajee, Ferial (29 June 2021). "Lady Justice thunders at Zuma as former head of state sentenced to 15 months without option of an appeal". Daily Maverick. Retrieved 22 February 2024.
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  48. ^ Basson, Adriaan (29 June 2021). "Jacob Zuma: The guillotine finally falls on a serial constitutional delinquent". News24. Retrieved 22 February 2024.
  49. ^ Calland, Richard (31 August 2021). "South Africa is due to get a new chief justice: What it takes to do the job well". News24. Retrieved 22 February 2024.
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  51. ^ Mafora, Dan (27 July 2021). "'My sister is mistaken' and other responses to dissent in Zuma contempt case". The Mail & Guardian. Retrieved 23 November 2023.
  52. ^ Macupe, Bongekile (17 September 2021). "Constitutional Court says Zuma cannot pick and choose when to cooperate with the law". City Press. Retrieved 22 February 2024.
  53. ^ Khumalo, Juniour (17 September 2021). "Zuma Foundation outraged over ConCourt's 'miscarriage of justice'". News24. Retrieved 22 February 2024.
  54. ^ Mkhabela, Mpumelelo (13 July 2022). "We need people like Justice Khampepe to make rule of law non-negotiable". News24. Retrieved 22 February 2024.
  55. ^ Seleka, Ntwaagae (13 October 2021). "Justices Sisi Khampepe and Chris Jafta join Mogoeng in retirement from ConCourt". News24. Retrieved 22 February 2024.
  56. ^ Monama, Tebogo (20 May 2022). "Former ConCourt Justice Sisi Khampepe is the University of Pretoria's new chancellor". News24. Retrieved 22 February 2024.
  57. ^ Charles, Marvin (3 June 2022). "Justice Sisi Khampepe appointed to lead inquiry into racism at Stellenbosch University". News24. Retrieved 22 February 2024.
  58. ^ "Justice Sisi Khampepe to probe racism allegations at Stellenbosch University". Sunday Times. 3 June 2022. Retrieved 22 February 2024.
  59. ^ Charles, Marvin (8 November 2022). "Panel slams 'toxic culture' at Huis Marais and calls for language review at Stellenbosch University". News24. Retrieved 22 February 2024.
  60. ^ Charles, Marvin (9 November 2022). "'Afrikaans speakers cannot be denied': AfriForum slams Khampepe's Stellenbosch University racism report". News24. Retrieved 22 February 2024.
  61. ^ Charles, Marvin (9 November 2022). "'Black people feel unwelcome': Khampepe report slams Stellenbosch University language policy, DA to take it on review". News24. Retrieved 22 February 2024.
  62. ^ Basson, Adriaan (11 November 2022). "UCT's troubles are worrying, says retired judge Lex Mpati". News24. Retrieved 22 February 2024.
  63. ^ Bhengu, Cebelihle (5 September 2023). "Joburg fire: Former ConCourt Judge Sisi Khampepe to lead inquiry into deadly Marshalltown blaze". News24. Retrieved 22 February 2024.
  64. ^ Pheto, Belinda (20 December 2023). "Khampepe Inquiry: Controversial commissioner recused over anti-foreigner posts on X". News24. Retrieved 22 February 2024.
  65. ^ Mzangwe, Lunga (23 December 2023). "Incensed: Retired justice's comments fire up operation Dudula". The Citizen. Retrieved 22 February 2024.
  66. ^ "Constitutional Court Judge Sisi Khampepe to head Safa's newly established ethics committee". Sunday Times. 22 November 2020. Retrieved 22 February 2024.
  67. ^ Malepa, Tiisetso (23 February 2023). "Safa tasks respected judge with investigating corruption allegations". City Press. Retrieved 22 February 2024.
  68. ^ Philander, Rusana (3 April 2005). "Scorpions probe 'may be biased'". News24. Retrieved 22 February 2024.
  69. ^ "Judge in Scorpions probe linked to arms deal". Sunday Times. 3 April 2005. Retrieved 22 February 2024.
  70. ^ "A dishonourable business". The Mail & Guardian. 2 May 2005. Retrieved 22 February 2024.
  71. ^ "ConCourt judge tied up in robbery". News24. 4 June 2012. Retrieved 22 February 2024.
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