There was no need to suspend the interview process, according to the Justice Minister.
Justice and Constitutional Development Minister Mmamoloko Kubayi has shrugged off the Democratic Alliance’s (DA) threat to halt the interviews to find National Director of Public Prosecutions (NDPP) Shamila Batohi’s successor.
Batohi is expected to retire at the end of January 2026.
The interviews, scheduled over two days, are being held at the Auditor-General’s offices in Pretoria.
Six contenders are in the running: Investigating Directorate Against Corruption (Idac) head Andrea Johnson; former NDPP Menzi Simelane; former Investigating Directorate head Hermione Cronje; Advocate Nicolette Bell; Advocate Xolisile Khanyile; and Advocate Adrian Mopp.
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Simelane’s candidacy has triggered criticism due to the controversies that marked his previous tenure.
Appointed NDPP in December 2009 by former president Jacob Zuma, he was later removed after the Constitutional Court (ConCourt) invalidated the appointment in October 2012 following a DA challenge.
The court ruled that Simelane was not a “fit and proper person” for the position.
Freedom Under Law (FUL) has formally opposed his nomination, while the Johannesburg Society of Advocates (JSA) has launched an application to have him removed from the roll of legal practitioners.
NDPP interviews
As the proceedings got underway on Wednesday, Kubayi clarified that the interviews represented the shortlisting phase after determining which applicants met the minimum criteria.
She highlighted that the advisory panel overseeing the process believed that someone with only a year of managerial experience would be unqualified to lead the National Prosecuting Authority (NPA).
As a result, candidates were required to demonstrate at least 10 years of experience in management or executive roles.
“After the closing [date], only six still met the minimum requirements,” Kubayi said.
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She reiterated that the final appointment of the NDPP rests with the president, who acts on the panel’s recommendations of the shortlisted names.
The minister also disclosed that the panel received 281 public submissions — 209 of them concerning Johnson— while Simelane attracted 28 comments.
“We compiled all those public comments and sent them to the candidates for them to give us written responses,” she said.
Kubayi dismisses DA’s interdict
Kubayi further revealed that the DA’s lawyers sent a letter signalling their intent to interdict the process.
She insisted that the party’s case was baseless.
“I will not go into detail because we do believe that this is a self-inflicted urgency, but also, there is no merit to it because we have not shortlisted.”
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Kubayi highlighted that the DA did not submit any public comments and missed the deadline.
“So the letter has been received. It’s a letter that threatens to go to court. We have instructed our attorneys to respond to the letter.”
She added that there was no need to halt the interview process.
“There is no basis and, therefore, the letter as sent is actually misguided.”
Bell was the first candidate interviewed, followed by Mopp and Johnson. Khanyile, Cronje, and Simelane will appear before the panel on Thursday.
DA’s letter
In its letter, the DA objected strongly to Simelane’s inclusion, calling it a “matter of grave concern”.
The party cited the ConCourt ruling, describing the judgment as “clear, detailed and grounded in adverse credibility and integrity concerns of the most serious kind”.
The letter continued: “In addition, we draw the Panel’s attention to the pending application to strike Advocate Simelane from the roll of advocates, which raises further questions about his suitability for any prosecutorial leadership role.
“In these circumstances, the decision to shortlist Advocate Simelane appears to be wholly at odds with the binding findings of the apex court and with the constitutional duty to safeguard the independence and integrity of the National Prosecuting Authority.”
The DA has requested that the panel explain the rationale for Simelane’s inclusion, given the significant issues raised about his suitability.
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