Coalition partner Democratic Alliance criticized President Cyril Ramaphosa’s panel to select South Africa’s next prosecutions chief Thursday, saying it lacks criminal justice expertise needed for the critical appointment.
The DA, second-largest party in the government of national unity, said the seven-member panel tasked with finding National Prosecuting Authority head Shamila Batohi’s successor contains no prosecutors or judges. Batohi retires in January 2026 after reaching mandatory retirement age.
“How can a panel devoid of any prosecutorial expertise nominate candidates for the most important prosecutorial position in South Africa?” said DA justice spokesperson Glynnis Breytenbach in a statement.
Ramaphosa announced Tuesday the panel would be chaired by Justice Minister Mmamoloko Kubayi. Members include chairpersons of the South African Human Rights Commission, Commission for Gender Equality, Public Service Commission, the Auditor-General, and representatives from the Black Lawyers Association and National Association of Democratic Lawyers.
The DA claims all panelists come from human rights, governance and administrative backgrounds with “little relevance to the NPA’s internal challenges”.
“It’s unclear what contribution these bodies will make in the selection process, if any,” Breytenbach said.
The coalition partner insists the NPA head appointment should be led by individuals who understand the criminal justice system.
Batohi’s 2018 appointment followed public interviews by a panel chaired by then-Energy Minister Jeff Radebe. That panel included five legal representatives from the bar council and law society.
Presidential spokesperson Vincent Magwenya said Tuesday the new director would be chosen through “an open and transparent process that reflects the importance of this vital position in our democracy”.
“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,” Ramaphosa said.
The panel has three months to call for public nominations, shortlist and interview candidates, and submit three names to the president with a detailed report.
The appointment comes as South Africa’s prosecuting authority faces scrutiny over high-profile case failures. Batohi brought stability to the role after the turmoil of the Jacob Zuma years, but structural damage from the State Capture era has been difficult to reverse.
The Centre for Development and Enterprise urged Ramaphosa in June to ensure an appointment process similar to the 2019 Nugent commission into the tax authority, calling for inclusion of a judge or retired judge on the panel.
“While the composition of the panel, the criteria it applies, the candidates’ names and the reasoned outcome of the process should be public, the actual interviews and deliberations should not be,” the organization recommended.
The Constitution requires the president to appoint the prosecutions chief after consulting cabinet and party leaders in the National Assembly. The NPA Act requires only that candidates be “fit and proper” with legal qualifications to practice in all South African courts.
