South Africa is searching for its next head of public prosecutions at a time when the nation’s attention is fixed on the Madlanga Commission and the shocking allegations of corruption and state capture within the police.

The Witness reports the new National Director of Public Prosecutions (NDPP) will also face the immense task of restoring public confidence in the NPA amid persistently high crime levels, particularly GBV.

Search begins for new head of public prosecutions

The Ministry of Justice and Constitutional Development has invited qualified individuals and organisations to submit nominations and applications for the position of NDPP.

The successful candidate will take over from career advocate Shamila Batohi, who has held the position since 2019.

Shamila Batohi’s historic tenure and legacy

Batohi made history as the first woman in South Africa to be appointed as NDPP.

In her acceptance speech at the time, she reflected on the significance of the moment, saying: “Let us not forget that this is also a historic moment for the women of South Africa.

“It is a recognition by the president of the role of women in the pursuit of an equal, just, and fair society.”

When Batohi retires in January 2026, it will mark the first time since the establishment of the National Prosecuting Authority (NPA) in 1998 that an NDPP has completed a term in office without being controversially removed or resigning.

The NDPP serves a non-renewable 10-year term in office, in terms of Section 12 of the NPA Act, which also sets an age limit of 65.

This means Batohi must leave office on January 27, 2026 — when she turns 65 — after serving seven years of her term.

Advocate Batohi began her career as a junior prosecutor at the Chatsworth Magistrate’s Court in 1986 and steadily advanced to become the Director of Public Prosecutions in KwaZulu-Natal.

She was seconded to the Investigation Task Unit established by President Nelson Mandela in 1995, and later served as the first regional head of the Directorate of Special Operations based in KwaZulu-Natal.

She also served as a senior legal adviser to the Prosecutor of the International Criminal Court.

Her appointment as NDPP was announced by President Cyril Ramaphosa in 2018 following a rigorous interview process.

How the new NDPP will be chosen

The NDPP, who serves as the head of the NPA, is appointed by the president in terms of Section 179 of the Constitution.

The selection process will be overseen by a panel chaired by the minister of Justice, which will evaluate and recommend suitable candidates to the president.

According to the National Prosecuting Authority Act of 1998, candidates must be South African citizens who possess legal qualifications entitling them to practise in all courts in the country.

Applicants must also have at least 10 years of executive management experience and be considered fit and proper persons based on their integrity, experience, and conscientiousness.

The remuneration, allowances and other terms of service will be determined by the president in line with the provisions of the act.

The NDPP’s duties include instituting and conducting prosecutions, issuing policy directives, reviewing decisions to prosecute or not to prosecute, and maintaining close liaison with deputy national directors, prosecutors and other legal institutions.

The NDPP also has the authority to intervene where policy directives are not followed and to prepare reports on the operations of the NPA.

Applicants are required to submit a curriculum vitae, certified copies of their ID and qualifications, and, in the case of international qualifications, SAQA verification.

Nominations must include a nomination letter and an acceptance letter from the nominee.

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