By Lehlohonolo Lehana.
The panel handling the selection process of the next National Director of Public Prosecutions (NDPP) boss, chaired by Minister of Justice and Constitutional Development Mmamoloko Kubayi, on Wednesday began with interviews, which will continue till Thursday.
The six candidates are: Astraid Bell, Hermoine Cronje, Andrea Johnson, Xolisile Jennifer Khanyile, Adrian Mopp and, a controversial choice, Menzi Simelane.
The Democratic Alliance (DA) has warned that if the selection panel for a new NDPP interviews Simelane for the job, it will go to court to interdict the whole process.
Kubayi said there is no merit to the DA’s complaints, because the panel has not shortlisted candidates yet.
“I must also indicate that, amongst the comments we received, out of the 201 comments, the Democratic Alliance did not submit any public comments in this process,” said Kubayi.
The DA claimed that the ongoing process to appoint a new NDPP had gone “badly off the rails”.
“The panel set up to advise the President has chosen to interview advocate Menzi Simelane, a man already found unfit for this very office by South Africa’s highest court.
“It is impossible to overlook that history,” said DA spokesperson on Justice and Constitutional Development advocate Glynnis Breytenbach.
She said Simelane’s past appointment as NDPP had been declared unconstitutional as he “lacked the necessary integrity and competence for the job”.
The party told President Cyril Ramaphosa that if he appointed anyone from the panel’s recommendations, the DA would approach the court to interdict that appointment.
Simelane previously held the position of NDPP for one year of the 10-year term in 2012.
He was appointed despite the Ginwala Commission, investigating his predecessor, Vusi Pikoli’s fitness to hold office, found prima facie evidence of dishonesty, lack of integrity and misconduct against Simelane.
Former President Jacob Zuma selected Simelane after these findings were published. The decision to appoint Simelane was therefore set aside as an abuse of executive power.
The NDPP is the head of the NPA and is responsible for ensuring that criminal prosecutions are conducted without fear, favour, or prejudice.
The NDPP’s role is critical because the NPA was severely weakened by years of political interference, including the 2009 disbanding of the Scorpions, its most effective anti-corruption unit.
This has left the institution vulnerable and eroded its ability to independently pursue high-level corruption.
The current NDPP boss Shamila Batohi is reaching the end of her term at the age of 65, and as such, has become the first NDPP to leave without being removed.