Five other candidates made the shortlist.
Thirteen years after being “removed” as the National Director of Public Prosecutions (NDPP), Menzi Simelane could get a second bite of the cherry.
The Department of Justice announced six candidates to be the new National Prosecuting Authority (NPA) boss. The successful candidate will be taking over from Shamila Batohi next year.
The short list announced on Thursday includes Advocate Nicolette Bell, Advocate Hermione Cronje, Advocate Xolisile Khanyile, Advocate Andrea Johnson, Advocate Adrian Mopp and Simelane.
The successful candidate will be taking over from Shamila Batohi.
Simelane
Simelane was NDPP from 2009 until 2012 after his appointment by former President Jacob Zuma. His tenure was clouded in controversy, with the DA challenging it in court
The Constitutional Court declared his appointment invalid in 2012.
Judge Zac Yacoob delivered the unanimous ruling.
Yacoob said that in the unanimous judgment, they reached a number of legal conclusions, including that the appointment of the NDPP was not a matter to be determined by the subjective opinion of the president.
He said the Ginwala commission of inquiry report into Simelane’s predecessor, Vusi Pikoli’s fitness to hold office, had raised concerns about Simelane’s understanding of the relationship between the Justice Department, where he was a director general at the time of the Pikoli events, and the NPA.
“The report of Mr Simelane’s evidence in the Ginwala Commission and the question of whether the President was right in not taking it into account can properly be considered if we have in mind the purpose for which the power was conferred,” Yaboob said.
“It was rather a jurisdictional prerequisite to be determined objectively. Dishonesty is inconsistent with the conscientiousness and integrity required for the proper execution of the responsibilities of the NDPP.
“The decisions taken and acts performed by Mr Menzi Simelane and actions by the (NDPP) are not invalid merely because of the invalidity of his appointment,” Yacoob said.
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Nominations
The Justice Department said the advisory panel for the selection of the NDPP, chaired by the Minister of Justice and Constitutional Development, Mmamoloko Kubayi, met on Tuesday, 25 November, to finalise the screening of nominated candidates for the position of NPA boss.
“The sitting follows last week’s resolution by the panel to extend the recruitment process in order to broaden the pool of potential candidates,” said the minister spokesperson, Terence Manase.
“In this regard, the panel met, and during the meeting, the panel considered a total of 32 applications and identified six candidates who met the minimum requirements.”
Manase said the Panel is targeting 10–11 December 2025 for the interview process.
Batohi
Batohi was appointed in February 2019 on a 10-year contract or until she reaches the retirement age of 65 in 2026, and became the first woman to lead the NPA.
Before her appointment, Batohi served as an advisor to the prosecutor of the International Criminal Court (ICC) from 2009 to 2019.
*This is a developing story
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