Menzi Simelane Back in the Spotlight: Could the Controversial NDPP Return?

A Return After 13 Years

Thirteen years after a stormy tenure as South Africa’s National Director of Public Prosecutions (NDPP), Menzi Simelane is back in the running for the country’s top prosecutorial post. The Department of Justice announced six shortlisted candidates vying to succeed Shamila Batohi, who will step down in 2026.

The shortlist features Simelane alongside Advocates Nicolette Bell, Hermione Cronje, Xolisile Khanyile, Andrea Johnson, and Adrian Mopp. The Justice Department confirmed that the panel overseeing the selection process met on 25 November 2025 to finalise the screening of 32 applicants, identifying six candidates who met the minimum criteria.

Interviews are expected to take place between 10–11 December 2025.

Simelane’s Controversial Past

Simelane’s first tenure as NDPP, from 2009 to 2012, remains one of South Africa’s most contentious appointments in recent legal history. Appointed by former President Jacob Zuma, his leadership was immediately challenged in court by the Democratic Alliance (DA).

In 2012, the Constitutional Court, in a unanimous ruling delivered by Judge Zac Yacoob, declared Simelane’s appointment invalid. The judgment underscored that the president’s subjective opinion could not override objective criteria required for the NDPP role. Yacoob noted that dishonesty was inconsistent with the integrity required to execute NDPP duties.

However, the court also clarified that decisions and actions carried out during Simelane’s tenure were not automatically invalid due to the appointment ruling.

Simelane’s return to the shortlist has reignited public debate over whether a figure with such a contested past should be considered for South Africa’s top prosecutorial post.

A Panel and a Process

The advisory panel, chaired by Justice Minister Mmamoloko Kubayi, extended the recruitment process last week to widen the candidate pool. According to Ministerial spokesperson Terence Manase, the panel carefully reviewed applications, ensuring candidates met both professional and ethical benchmarks.

The next steps include interviews scheduled for early December, after which the panel will recommend a candidate to the Minister for appointment.

Batohi’s Legacy and the Road Ahead

Current NDPP Shamila Batohi was appointed in February 2019, becoming the first woman to lead the NPA. She holds a 10-year contract or serves until the age of 65, which will coincide with her scheduled departure in 2026.

Observers note that whoever succeeds Batohi will inherit a delicate balance of restoring public trust, maintaining prosecutorial independence, and navigating a politically charged environment. Social media reactions to Simelane’s potential return are already divided, reflecting lingering tensions over his prior leadership.

The Stakes Are High

The decision carries profound implications for the NPA’s credibility and South Africa’s broader justice system. For many, the question isn’t just about professional qualificationsit’s about ethics, accountability, and the symbolic weight of past controversies.

As the panel prepares for interviews, legal experts and citizens alike are watching closely. The country is keen to see whether experience and familiarity will outweigh historical controversies, or if a fresh, untainted candidate will lead the NPA into its next chapter.

This story is developing

{Source: The Citizen}

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