Overview
- Acting Deputy Judge President Thifhelimbilu Mudau, delivering a full‑bench ruling on Monday, found Jacob Zuma and Thabo Mbeki failed to obtain the Chief Justice’s consent required by section 47 of the Superior Courts Act, so their case was a nullity.
- Sisi Khampepe stays on as chair of the inquiry into stalled apartheid‑era prosecutions, and the court ordered Zuma and Mbeki to pay the respondents’ legal costs after refusing their bid for punitive or personal costs against her.
- The Jacob Zuma Foundation said it strongly disagrees with the judgment, flagged that Justice Lebogang Modiba’s dissent had not been provided to the parties, and said it will consider an appeal after legal consultations.
- Families of victims, including relatives of the Cradock Four, welcomed the outcome and said the commission can now sit to probe alleged interference that kept TRC‑recommended cases from being investigated and prosecuted.
- Section 47 requires permission from the Chief Justice before litigants can sue or seek relief against a judge, and the court said this protection also covers retired judges serving in public roles to guard against vexatious pressure and preserve judicial independence.