Khampepe Commission: Terms of Reference and Deadlines Gazetted

Posted 29 May 2025 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: A commission of inquiry into alleged interference in the investigation and prosecution of Truth and Reconciliation Commission (TRC) cases has been formally established and its terms of reference gazetted.

In terms of a presidential proclamation published in the Government Gazette, the Khampepe Commission has been mandated to investigate the handling of unresolved TRC matters. On 19 August 2025, the Department of Justice & Constitutional Development published a notice in Government Gazette No. 53183 (Regulation Gazette No. 11872, Proclamation No. 278), making the provisions of the Commissions Act, No. 8 of 1947 applicable to the inquiry. This notice included specific regulations governing the inquiry’s operations.

The regulatory framework for the proceedings was further detailed on 29 August 2025, when the department gazetted the formal rules to be followed throughout the inquiry. These rules and the underlying terms of reference empower the Minister of Justice and Constitutional Development to make regulations intended to facilitate evidence gathering by conferring necessary powers on the commission to secure testimony and documentation.

On 28 November 2025, Proclamation No. 302 was published in Government Gazette No. 53747, extending the deadlines for the commission to complete its work. The Presidency confirmed via a media statement on 1 December 2025 that the final report on the outcome of the inquiry is now expected to be submitted by 24 January 2026.

Scope of the Inquiry

  • Investigation into alleged political or administrative interference in the investigation and prosecution of TRC-era crimes.
  • Review of the membership and composition of the commission as established by the President.
  • Application of the Commissions Act, No. 8 of 1947 to ensure the commission has the power to summon witnesses and take evidence under oath.

Click here to download the Proclamation making the Commissions Act applicable and the Notice extending the inquiry deadlines.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations; impact is limited to professional awareness of the legal status of legacy TRC-related prosecutions and the regulatory powers of the Khampepe Commission.
  • For your business: Legal practices specializing in human rights, constitutional law, or criminal defense should monitor the commission’s proceedings, as the findings may influence the legal landscape regarding the “interests of justice” in delayed prosecutions.
  • For your clients: Clients who are victims, families of victims, or persons of interest in unresolved TRC cases may see a shift in prosecutorial priority or administrative review following the submission of the final report on 24 January 2026.

Originally published at https://legalacademy.co.za/news/read/unresolved-trc-cases-commission-appointed-terms-of-reference-gazetted

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