Civil society urges transparency in NDPP appointment

Current prosecutions head Shamila Batohi is expected to step down in January 2026 when her contract comes to an end.

She has been the subject of fierce criticism over the National Prosecuting Authority’s (NPA) failure to secure convictions in high-profile state capture cases.

Batohi has cited institutional rebuilding and complex litigation challenges, but critics say the lack of successful prosecutions is eroding public trust.

Gareth Newham, from the Institute for Security Studies, says future appointments must avoid the secrecy of the past.

"In the past, presidents would simply announce an NDPP without any public consultation or vetting. We can’t go back to that,” said Newham.

"These are positions of immense power, and transparency is crucial, especially given the NPA’s role in tackling corruption and organised crime.”

He referenced the imminent departure of Hawks boss Godfrey Lebeya, warning that critical leadership roles are too often left in limbo or filled with acting appointments vulnerable to political pressure.

Newham recalled the case of former acting NDPP Nomgcobo Jiba, who served for two years without prosecution for perjury, despite damning court findings.

"It’s not just the NDPP who holds power. Provincial and special prosecutors and deputy directors all wield significant discretion. We need a credible, transparent process across the board,” he said.

Newham urged the government to embed the appointment process in law, ensuring proper criteria and vetting.

"The appointment of someone like Menzi Simelane, who was found unfit for office, or others with criminal records, shows how little due diligence was done in the past,” he added.

He proposed reintroducing a panel of experts similar to the one used in 2018, with public interviews and clear assessment criteria.

"Transparency gives the public confidence, and it gives the appointee legitimacy. It should be standard, even if it’s not yet a legal requirement,” said Newham.

“We’re Not Hiring Just a Prosecutor—We’re Hiring a Leader"

Lawson Naidoo, Executive Secretary at the Council for the Advancement of the South African Constitution (CASAC), echoed the call for openness, stressing that the NDPP must be more than just a good lawyer.

"Sometimes the best prosecutors don’t make the best managers,” he said.

"What we need is a strong administrator who can run a large, complex institution effectively.”

Naidoo believes the 2018 selection model should be formalised in legislation to protect the NPA’s independence.

He urged the Department of Justice to set up a panel of independent experts to draft appointment criteria, which should be shared with the president and justice minister.

But he added that civil society shouldn’t wait.

"We can draft the criteria ourselves, compare global best practices, and mobilise public support,” he said.

"Whether through traditional or social media, or community engagement, we must make people aware of how important this process is.”

Naidoo called for submissions to Parliament, letters to ministers, campaigns aimed at the Presidency, and engagement with bodies like the National Planning Commission, law societies, and the National Anti-Corruption Advisory Council.

"Civil society is used to being ignored, but we’ve had wins. The courts are always an option if a bad appointment is made, but we must try to influence the process long before it gets to that.”