The selection process for South Africa's next National Director of Public Prosecutions (NDPP) is underway, and it's already stirring up debate. With Shamila Batohi's term ending in January 2026, the race is on to find a suitable replacement.
Civil Society Demands a Robust Appointment Process
Civil society organizations, including the Organisation Undoing Tax Abuse (OUTA) and the Civil Society Working Group on State Capture (CSWG), are urging President Cyril Ramaphosa to strengthen the legal framework surrounding the NDPP appointment. They are advocating for amendments to the National Prosecuting Authority Act (NPA Act) to ensure transparency and public participation in the selection process, as recommended by the Zondo Commission.
The CSWG has specifically called for the codification of the NDPP selection process in legislation, including public nominations and interviews. This move aims to introduce checks and balances into the presidential prerogative of appointing the NDPP.
A Familiar Face Enters the Fray
Adding another layer of complexity to the process, Menzi Simelane, a former NDPP whose appointment was deemed invalid by the courts in 2012, is reportedly among the shortlisted candidates. This has sparked considerable discussion, given the circumstances surrounding his previous tenure.
Other Potential Candidates
Besides Simelane, the shortlist also includes Andrea Johnson, the head of the Investigating Directorate Against Corruption (IDEC), her predecessor Hermione Cronje, the Director of Public Prosecutions in the Western Cape, Nicolette Bell, and her deputy, Adrian Mopp. These individuals bring diverse experience to the table, and their potential appointments could significantly impact the future of the NPA.
President Ramaphosa appointed a panel to interview and make recommendations, marking the second time he has delegated this responsibility. The panel, initially finding only 6 qualified candidates out of 27 applicants, reopened the process and ultimately shortlisted six individuals from a total of 32 applications.
The appointment of the next NDPP will be a crucial moment for South Africa's justice system. The chosen candidate will play a vital role in combating corruption and ensuring the rule of law.