Simon Nare
Justice and Constitutional Development Minister Mmamoloko Kubayi has led the Advisory Panel for the Selection of the National Director of Public Prosecutions in the adoption of its terms of reference and set out a timeframe for its selection process.
The minister convened the panel’s first meeting, which sat on Thursday, and agreed on timelines for shortlisting and interviews to ensure a “transparent, merit-based, and efficient process”.
The panel adopted the terms of reference guiding the selection process and concluded that nominations and applications would be invited from interested persons and organisations through a media advertisement.
“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 said in a statement.
Key timeframes were adopted as follows:
•18 – 19 October 2025: Advertisement placed in the media.
•07 November 2025: Closing date for applications and nominations.
•17–21 November 2025: Shortlisting and screening of candidates.
•22 November – 06 December: Public comments on shortlisted Candidates
•07 – 11 December: Interviews of shortlisted Candidates
To be chaired by Kubayi, the panel was appointed by President Cyril Ramaphosa to interview candidates to be considered to lead the National Prosecuting Authority to replace Advocate Shamila Batohi.
Batohi has been NPA head since 2019, a position she occupied before she left the office of an advisor to the Prosecutor of the International Criminal Court from 2009 to 2019.
During her tenure, Batohi faced harsh criticism for bungling high-profile cases, such as Nigerian televangelist Timothy Omotoso, who was acquitted on several charges of raping members of his congregation, a ruling that sparked outrage across the country.
She has also been criticised for failures in several state capture cases. The corruption charges against Zizi Kodwa, the former ANC minister implicated in corrupt dealings with IT firm EOH, were abruptly withdrawn in 2024.
Similarly, a fraud charge the NPA had built against the Gupta-linked Nulane Investments was also dismissed in 2023.
The department said when the panel is done with its work, it will submit its recommended shortlist to the president following the completion of the process.
The panel comprises:
•Andrew Christoffel Nissen, Chairperson of the South African Human Rights Commission
•Nthabiseng Sepanya-Mogale, Chairperson of the Commission for Gender Equality
Tsakani Maluleke, Auditor-General of South Africa
•Professor Somadoda Fikeni, Chairperson of the Public Service Commission
•Nkosana Mvundlela, President of the Black Lawyers Association and
•Machini Motloung, representative of the National Association of Democratic Lawyers.
The Democratic Alliance has criticised Ramaphosa’s choices, with MP Glynnis Breytenbach, a former long-serving public prosecutor, saying the selection was “completely devoid of criminal justice legal experts”.
The department said the panel “will ensure that all candidates meet the requirements set out in Section 9 of the National Prosecuting Authority Act, 1998, and are capable of acting independently, free from improper influence, and without fear, favour, or prejudice
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