As the tenure of National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi draws to a close in January next year, the race to find her successor is heating up. 

A high-level panel, appointed by President Cyril Ramaphosa, convened its first meeting last month, initiating a process to identify the individual who will lead the National Prosecuting Authority (NPA) through its ongoing challenges and efforts to restore public trust. 

The search for a new NDPP comes amidst persistent criticism regarding the NPA’s performance, particularly concerning high-profile corruption cases, and a perceived lack of resources and political will.

A source close to the panel said the first meeting was more of an introduction and to pave a way forward for the selection process.

“You must understand that it’s just over two months for the NDPP to retire and by then the panel should have handed over a report with recommendations to the president by at least mid December,” the source said.

The source declined to reveal the names discussed at the meeting, stating that it was premature to do so as the nomination process was still underway.

“The panel is pressed for time but it is still early days really to have names that are touted to be the next NDPP…maybe in a few days names will start creeping up…but for now they have only started the nomination process,” he said.

Ramaphosa established the panel to ensure a rigorous and open selection, mirroring the process that saw Batohi appointed in 2019. 

The Minister of Justice and Constitutional Development, Mmamoloko Kubayi, chairs the panel, which includes prominent figures such as the Chairperson of the South African Human Rights Commission, Andrew Christoffel Nissen; the Chairperson of the Commission for Gender Equality, Nthabiseng Sepanya-Mogale; the Auditor-General of South Africa, Tsakani Maluleke; the Chairperson of the Public Service Commission, Professor Somadoda Fikeni; and the President of the Black Lawyers Association, Nkosana Mvundlela.

According to a statement from the Presidency, the panel has adopted a strict set of terms of reference, outlining a meticulous timeline for nominations, applications, shortlisting, interviews, and public comments.

Advertisements calling for nominations and applications were placed in the media between October 18 and 19 with a closing date of November 7, 2025. 

Shortlisting and screening will take place from November 17 to 21, followed by a period for public comments on shortlisted candidates from November 22 to December 6. Interviews are scheduled for December 7 to 11.

“The meeting marked a significant step towards ensuring capable, ethical, and independent leadership for the NPA, confirming the Panel’s mandate and outlining its operational framework,” the Department of Justice and Constitutional Development wrote in a statement. 

“The panel adopted the terms of reference guiding the selection process, reviewed the advertisement calling for nominations and applications, and agreed on timelines for shortlisting and interviews, ensuring a transparent, merit-based, and efficient process.”

The panel is mandated to submit a shortlist of three suitable candidates to Ramaphosa, along with a detailed report on their suitability, within three months of its appointment. 

Batohi’s departure in January will mark the end of a term that has been characterised by criticism regarding the pace and success of high-profile corruption prosecutions. 

Upon her appointment, Batohi was tasked with revitalising an institution deeply scarred by the State Capture era with many lamenting the lack of accountability for those implicated in grand corruption.

The DA’s Advocate Glynnis Breytenbach has been a strong critic of the NPA in recent years, saying that little has been achieved when it comes to high-profile, politically connected corruption cases.

“None of the former (and in some cases, current) cabinet ministers, deputy-ministers, provincial premiers, or other highly placed office-bearers fingered by the Zondo Commission of Enquiry into State Capture has been successfully prosecuted,” she said.

Legal expert Richard Spoor attributes these shortcomings to a confluence of factors. 

“The NPA has been hobbled by a lack of leadership, inadequate resources, and a failure to retain skilled personnel,” he stated.

Spoor highlighted cases like the withdrawal of charges against Moroadi Cholota, former assistant to former ANC secretary-general Ace Magashule, due to extradition errors, as examples of procedural failures.

 “The NPA in the Cholota case failed to follow the correct procedure for extraditing her from the US, leading to the charges being withdrawn,” Spoor said.

mashudu.sadike@inl.co.za

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