Meet the seven panellists who are steering the interviews for the NPA’s top job

The seven-person advisory panel on appointing a new National Director of Public Prosecutions (NDPP) begins two days of public interviews on Wednesday, 10 December, to fill the top post at the National Prosecuting Authority (NPA).

The position at the helm of the NPA has been a poisoned chalice – not a single NPA boss in democratic South Africa has served a full 10-year term.

NDPP Shamila Batohi will retire in January 2026, after seven years in the role.

The panel, comprising leaders of the legal fraternity and Chapter Nine institutions, will interview six of an initial 32 candidates at the Pretoria offices of the Auditor-General of South Africa. Daily Maverick’s Ferial Haffajee breaks down who the six hopefuls (four women and two men) are.

Advocate Menzi Simelane, as Haffajee points out, is ostensibly the most controversial candidate vying for the job. Simelane served as NDPP under former president Jacob Zuma and is widely regarded as ill-fitted for the role.

Legal watchdog Freedom Under Law (FUL) and the Council for the Advancement of the South African Constitution (Casac) have both made submissions objecting to his nomination as NDPP. FUL argued that Simelane is “not a fit and proper person” for the NDPP appointment.

“An attempt to appoint Simelane in light of the multitude of concerns highlighted in this submission would be unjustifiable, irrational, and vulnerable to further legal challenge. It is also damaging to public confidence in the process of appointing the new NDPP,” it said in its submission on 5 December.

Casac urged the panel to reconsider its decision to shortlist Simelane, saying it believed this was “essential” to restoring the integrity of the entire selection process.

Read more: The time for passing the poisoned prosecutorial leadership chalice is nigh

Justice Department spokesperson Terrence Manase told Daily Maverick that during the interview stage, the panel “will engage candidates on the substance of all submissions received”.

He said the panel met on Tuesday to deliberate on the submissions in preparation for the interviews.

During the 2018 NDPP selection process (on which the current one is modelled), the advisory panel recommended five names to President Cyril Ramaphosa after conducting interviews with 11 candidates. Ramaphosa ultimately chose Batohi.

A statement from the Justice Department in October said that the panel would submit its recommendations to Ramaphosa after the completion of the interview process.

As advocate Paul Hoffman pointed out in Daily Maverick, many of those serving on the advisory panel have virtually no exposure to or experience of the prosecution service or of the requirements of a suitable candidate to lead it. The DA has also criticised the panel as being “completely devoid of criminal justice legal experts”.

Here’s a look at the panellists who will interview the NDPP candidates:

Justice Minister Mmamoloko Kubayi

The interviewing panel is led by Minister Mmamoloko Kubayi. Kubayi has been South Africa’s Minister of Justice and Constitutional Development for little over a year, since 3 December 2024, when Ramaphosa axed Thembi Simelane after reports of her dealings with VBS Mutual Bank.

She is a member of the ANC National Executive Committee and the National Working Committee.

Her previous roles include Minister of Human Settlements, Minister of Tourism, Minister of Science and Technology, Minister of Communications, and Minister of Energy.

In October, City Press reported that Ramaphosa had come under fire for his appointment of Kubayi as the panel’s chair, with insiders saying she lacked legal training and experience, and calling her chairship “inappropriate”.

Tsakani Maluleke

Tsakani Maluleke is presently South Africa’s Auditor-General (AG). She is the first woman to lead the institution – a position she ascended to after serving as deputy AG between 2014 and 2020. Daily Maverick’s Rebecca Davis reported there was no controversy around her appointment, since she is well regarded in the realm of accounting and auditing.

Her bio on the Auditor-General of South Africa website says she is “a seasoned business leader” with more than 20 years of experience in both the public and private sectors, in areas including auditing, consulting, corporate advisory, development finance and skills development.

In 2022, Maluleke faced accusations of corruption by a member of her own office. But a legal opinion later cleared her of wrongdoing and Parliament has since closed the case of misconduct against her.

Andrew Christoffel Nissen

Chris Nissen is the chairperson of the South African Human Rights Commission (SAHRC).

He is a former Western Cape ANC chairperson. His previous roles, according to his SAHRC bio, include deputy speaker of the Western Cape provincial legislature, MEC of Economic Affairs, as well as national coordinator of the Mashakane Campaign for the Department of Constitutional Development.

In 2024, Daily Maverick’s Rebecca Davis reported on the dysfunction within the SAHRC and allegations that Nissen and Commissioner Philile Ntuli interfered with the SAHRC’s long-awaited report on the July 2021 unrest.

Insiders claimed the original report clearly linked the violence to Zuma’s imprisonment, but this was removed at Nissen and Ntuli’s insistence – an allegation they deny.

Nthabiseng Sepanya-Mogale

Advocate Nthabiseng Sepanya-Mogale serves as the chairperson of the Commission for Gender Equality (CGE), which aims to promote gender equality in SA.

According to her bio on the CGE website, Sepanya-Mogale is an admitted advocate in the High Court of South Africa. She holds an LLB and LLM in Constitutional Litigation and Human Rights, and has “extensive experience” working with survivors of sexual and domestic violence.

She previously worked as a coordinator of the Reparations and Rehabilitation Committee of the Truth and Reconciliation Commission, and she has held several senior management positions in all three tiers of government.

Somadoda Fikeni

Professor Somadoda Fikeni is the chairperson of the Public Service Commission (PSC), after acting in the role since January 2021.

He has a PhD in Comparative Politics and Public Policy Analysis from Michigan State University, and his areas of specialisation include political science, public policy analysis, political economy and heritage.

Fikeni’s PSC bio says he has held management positions at universities, policy institutions and think tanks. It adds that his main professional work has, and continues to be, in public policy development, higher education and the heritage sector.

Nkosana Mvundlela

Nkosana Mvundlela is an attorney and is the current president of the Black Lawyers Association. He is also president of the Law Society of South Africa and a director at Mvundlela & Associates in Thohoyandou, Limpopo.

Machini Motloung

Machini Motloung is an attorney and the president of the National Association of Democratic Lawyers. He’s also a director at Machini Motloung Attorneys.

According to the Law Society of SA, he holds a B Proc from the University of Durban and has 24 years’ experience in public and private practice. DM