Thirteen years after being 'removed' as the NPA boss, Simelane could get a second bite of the cherry.
Ousted National Director of Public Prosecutions (NDPP), Menzi Simelane, is expected to be interviewed for the new leaders of the National Prosecuting Authority (NPA) despite the Johannesburg Society of Advocates (JSA) applying for him to be struck from the roll on the basis that he is unfit to practise.
Last month, the department of Justice announced six candidates to be the new NPA boss.
The department said the six shortlisted candidates “met the minimum requirements”.
The successful candidate will take over from Shamila Batohi next year.
Candidates
The short list includes Advocate Nicolette Bell, Advocate Hermione Cronje, Advocate Xolisile Khanyile, Advocate Andrea Johnson, Advocate Adrian Mopp and Simelane.
Kubayi’s spokesperson, Terence Manase, told The Citizen that Simelane was on the original list of candidates, following a resolution by the Advisory Panel to extend the recruitment process in order to broaden the pool of potential candidates.
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“Yes, we can confirm that he was on the original list.”
‘Not fit and proper’
Thirteen years after being “removed” as the NPA boss, Simelane could get a second bite of the cherry.
This is despite the JSA having launched a court application to have Simelane struck from the roll of advocates for not being “fit and proper” to serve as an advocate.
Objections
On Friday, Freedom Under Law (FUL) raised objections about Simelane’s suitability for the NDPP role.
In a letter to Minister of Justice and Constitutional Development, Mmamoloko Kubayi, FUL highlighted past controversies and serious allegations regarding Simelane’s conduct.
“Simelane was found to have misconceived his role as Director-General, impacting on the relationship between the Minister of Justice and the NDPP. His testimony to a highly consequential enquiry was found to have been contradictory, and he was found to have made baseless allegations.
“He was found to have deliberately withheld relevant material, to have failed to heed legal advice, and to have drafted a letter which was found to be tantamount to executive interference with prosecutorial independence. He was found to have given inaccurate evidence not based in the law. His conduct was aimed at misleading the commission, and false accusations of dishonesty were made,” FUL said.
‘Dishonesty’
FUL argued that dishonesty is “fundamentally incompatible” with the requirements of the NDPP role.
“The NDPP must be fit and proper and must exercise their functions impartially and without fear, favour and prejudice. The adverse findings against Simelane are fundamentally at odds with the requirements for the role of NDPP.
“The fact that the JSA has found him guilty of serious misconduct as an advocate is an obviously serious factor. What is more, he misconducted himself during the disciplinary process too, where the panel is quoted as describing Simelane’s explanation as “palpably false” and finding that his “explanation displays willingness, continuously, to adapt his answers instead of testifying truthfully,” FUL said.
NPA boss
Simelane served as NDPP from 2009 until 2012, following 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
The Advisory Panel for the selection of the NDPP, chaired by Kubayi, advanced to the next phase of the recruitment process and will interview the six shortlisted candidates who met the minimum requirements this week.
Interviews
The interviews will take place over two days, on 10 and 11 December 2025, at the Auditor-General of South Africa’s Offices in Pretoria.
Day one: Wednesday, 10 December 2025
- 10h00 – 12h00 – Adv Nicolette Bell
- 12h30 – 14h30 – Adv Adrian Mopp
- 14h30 – 15h00 – Lunch
- 15h00 – 17h00 – Adv Andrea Johnson
Day two: Thursday, 11 December 2025
- 09h00 – 11h00 – Adv Xolisile Khanyile
- 11h30 – 13h30 – Adv Hermione Cronje
- 13h30 – 14h00 – Lunch
- 14h00 – 16h00 – Adv Menzi Simelane
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