By Lehlohonolo Lehana.
President Cyril Ramaphosa announced that he has established a panel for the selection of the next person to lead the National Prosecuting Authority (NPA).
In a statement on Tuesday night, 7 October, Ramaphosa’s spokesperson, Vincent Magwenya, said South Africa’s new National Director of Public Prosecutions (NDPP) would be chosen through “an open and transparent process that reflects the importance of this vital position in our democracy”.
“President Ramaphosa considers the National Director of Public Prosecutions as a vital position in our democracy that makes an essential contribution to upholding the rule of law and ensuring the efficiency and integrity of law enforcement,” said Magwenya.
Advocate Shamila Batohi, the current head of the NPA, will retire in January 2026.
Batohi was appointed, as required by the Constitution in section 179(1)(a), by the President in February 2019, following the first-ever public interview for the position in November 2018. The NDPP has a non-renewable 10-year term in office, according to section 12 of the NPA Act, which sets an age limit of 65.
According to Magwenya, Ramaphosa has decided to “follow the same open and transparent process” that led to Batohi’s appointment as NDPP.
Ramaphosa has appointed Minister of Justice and Constitutional Development, Mmamoloko Kubayi, as Chairperson of the panel comprising:
- The chairperson of the South African Human Rights Commission (SAHRC), Chris Nissen;
- The chairperson of the Commission for Gender Equality, advocate Nthabiseng Sepanya-Mogale;
- The Auditor-General of South Africa (Agsa), Tsakani Maluleke;
- The chairperson of the Public Service Commission, Professor Somadoda Fikeni;
- A representative of the Black Lawyers Association; and
- A representative of the National Association of Democratic Lawyers.
“The NDPP must ensure that the National Prosecuting Authority exercises its functions without fear, favour or prejudice and should not be beholden to any vested interests, whether in politics, in business or elsewhere, “said Magwenya.
He said the panel was required to hand over its final report with recommendations to Ramaphosa within three months of its appointment.
The NDPP has a non-renewable 10-year term in office, according to section 12 of the NPA Act, which sets an age limit of 65.
This means Batohi must leave office on 27 January 2026 — when she turns 65 — after only seven years in office.
In June 2025, Batohi faced fresh calls to resign after the NPA was accused of bungling the extradition of Moroadi Cholota, the former personal assistant of corruption-accused former Free State premier Ace Magashule. The Free State Division of the High Court in Bloemfontein ruled that Cholota’s extradition from the US was unlawful and unconstitutional on the grounds that the extradition had been requested by the NPA rather than Justice Minister Mmamoloko Kubayi.
The mishandling of Cholota’ extradition was the latest in a series of NPA failures in prosecuting high-profile State Capture cases.
Other mishaps include its failure to secure a conviction of pastor Timothy Omotoso and the failed extradition of the Gupta brothers in April 2023. (The NPA has since said it will submit another application to have the fugitive brothers extradited to SA).