The approaching retirement date of national director of public prosecutions (NDPP) Shamila Batohi in January 2026 has raised the question of the process of appointing her successor, with one think-tank proposing the appointment of a panel by President Cyril Ramaphosa to assist.
The Centre for Development and Enterprise (CDE) released a report on the matter on Tuesday, saying SA “needs the best possible candidate, with outstanding skills, experience and management expertise to succeed Ms Batohi to rebuild and re-energise the National Prosecuting Authority (NPA). And for that to happen, the optimal selection and appointment process needs to be put in place, overseen by an independent and reputable panel.”
The CDE has proposed a selection and appointment process modelled on the one adopted in 2019 to appoint Sars commissioner Edward Kieswetter.
It has called on Ramaphosa to submit his proposed candidate/candidates for evaluation by a panel of six to eight members selected by him. The panel would then make recommendations to the president.
The country needs, and the NPA requires, new leadership. The NPA must be strengthened.
— Centre for Development and Enterprise
The members of the panel should include: at least one judge or retired judge; at least one senior counsel or senior attorney; at least one reputable prior NDPP or retired senior prosecutor; at least one senior person from civil society; at least one captain of industry or recently retired captain of industry; and at least one retired director-general who was responsible for the strategic leadership of a successful national government department.
The CDE acknowledged the NPA Act allowed the president to extend the term of office of the current NDPP by two years after retirement age is reached, but has urged Ramaphosa to ignore this option.
“The country needs, and the NPA requires, new leadership,” it said. “The NPA must be strengthened.”
The think-tank noted the performance of the NPA remains “a serious cause for concern”. It has failed to successfully prosecute major state capture cases involving politicians.
“In a country beset with corruption, the NPA’s performance since 2018 has failed to meet expectations or the country’s needs. The NDPP has a vital role to play in rebuilding the South African state and strengthening the rule of law.”
The CDE has also recommended Ramaphosa should appoint a retired senior judge to undertake an urgent inquiry over the next six months into the NPA. The inquiry should assess the leadership, performance, structure, and independence of the organisation among other matters.
“The implementation of the inquiry’s recommendations, together with the appointment of a new NDPP will be pivotal to significantly strengthening the NPA and ensuring the rule of law.
“The goal of the inquiry would be to identify the specific causes of the NPA’s lack of performance with respect to the successful prosecution of cases dealing with state capture and corruption and to recommend appropriate remedial actions,” the CDE said.
The report emanating from the inquiry could, it added, serve as a road map for the next NDPP in the same way that the report of the Sars commission of inquiry did for Kieswetter.
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