Ahead of the interviews to determine the next National Director of Public Prosecutions (NDPP), prominent think tank the Centre for Development and Enterprise (CDE) wants the advisory panel appointed by President Cyril Ramaphosa to rigorously interrogate the six shortlisted candidates.

The panel handling the selection process, chaired by Minister of Justice and Constitutional Development Mmamoloko Kubayi, will hold interviews on Wednesday and Thursday.

“While the appointment of the NDPP is urgent, a slight delay is preferable to choosing the wrong person,” said CDE executive director Ann Bernstein.

In October, Ramaphosa established a panel for the selection of the NDPP, ahead of the end of advocate Shamila Batohi’s term of office.

Batohi will be required to vacate her office in January 2026, as she reaches the age of 65.

Last month, the panel announced that it had shortlisted six candidates for the position.

They include former National Prosecuting Authority (NPA) Investigating Directorate (ID) head advocate Hermione Cronje, who is now a freelance international anti-corruption and asset recovery specialist; NPA Western Cape Director of Public Prosecutions advocate Nicolette Astraid Bell; NPA ID advocate Andrea Johnson; Global Coalition to Fight Financial Crime chairperson advocate Xolisile Jennifer Khanyile; NPA Western Cape Deputy Director of Public Prosecutions advocate Adrian Carl Mopp; and Johannesburg Society of Advocates' advocate Menzi Simelane.

“This is a position that demands first-rate legal competence, an unshakeable sense of justice, absolute integrity, the thickest possible skin, and the courage to withstand immense political pressure.

“This is not a symbolic post. The NDPP must be a proven manager who can turn a large, struggling institution into an effective one,” Bernstein said.

She urged the panel to test whether the candidates would be willing and able to prosecute the powerful, and have the determination, experience and capacity to rebuild the NPA and restore public confidence in the rule of law.

Bernstein stated that South Africans were tired of promises.

“…we need someone who can turn the State capture and corruption cases on the books into convictions in court,” she said.

Among other questions, she wants the panel to ask candidates why the NPA failed to secure convictions in major State capture cases since the Zondo Commission.

“Is this because proving these kinds of cases is very hard or because of issues or challenges within the NPA itself? What would you do differently?

“What are the most important reasons for the slow pace or lack of success of the cases through the courts? If you were NDPP, what measures would you put in place to accelerate cases and increase your prosecutorial success rate? In answering the question, assume that there is no significant increase in resources for either the police or the NPA,” Bernstein said.

She also wants the panel to ask whether the candidates have any concerns about the extent to which the NPA’s decisions to prosecute or not to prosecute are being affected by factors other than the merits of the cases.

“Is the NDPP’s independence sufficiently secure or are there reforms you would propose to protect prosecutorial independence more?

“Are there any past relationships, roles or affiliations that could raise questions about your independence, and how will you address them?” she proposed asking.

Bernstein said the panel must ask candidates what managerial and institutional changes they would seek to make to the NPA to improve productivity and strengthen the prosecution service.

“These questions go to the heart of whether a candidate is strong enough, independent enough and experienced enough to turn the NPA around. If the panel cannot get clear, convincing answers to questions like these, the country will once again pay a very high price,” she cautioned.

She suggested that should none of the candidates be able to answer these questions satisfactorily, the panel must reserve the right not to recommend any of them to the President.

The President should also refrain from appointing someone from the shortlist merely because the panel recommends them, unless he, too, is satisfied with the answers to these questions, Bernstein added.

Meanwhile, the Democratic Alliance (DA) has called for the removal of Simelane from the shortlisted candidates being interviewed for the role.

“He actively facilitated State capture in the NPA in the past and will do it again if given the chance. This cannot be allowed to happen,” said DA spokesperson on Justice and Constitutional Development advocate Glynnis Breytenbach.

The DA said Simelane’s shortlisting to the position was shameful.

“Thirteen years after being removed as head of the National Prosecuting Authority following litigation by the DA, Simelane cannot be reinstated,” said Breytenbach.

She pointed out that Simelane’s appointment as NDPP had been declared unconstitutional as he “lacked the necessary integrity and competence for the job”.