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Justice Minister Mmamoloko Kubayi has revealed that the Democratic Alliance, through its attorneys, has written to the advisory panel threatening to halt the interviews for the new National Director of Public Prosecutions (NDPP).

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Mmamoloko Kubayi

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1Min

South Africa

Dec 10, 2025

Kubayi: DA’s legal teat ‘misguided’ as NDPP interviews proceed

Kubayi: DA’s legal teat ‘misguided’ as NDPP interviews proceed

Justice Minister Mmamoloko Kubayi has condemned the DA’s attempt to halt the NDPP interview process, calling their legal threat “misguided” and insisting the panel will continue. The advisory panel is interviewing six candidates to succeed Advocate Shamila Batohi, whose term ends in January 2026.

Justice Minister Mmamoloko Kubayi has condemned the Democratic Alliance (DA) for attempting to disrupt the ongoing selection process for South Africa’s next National Director of Public Prosecutions (NDPP).

The DA, through its attorneys Minde, Shapiro, and Smith, sent a letter to the advisory panel threatening to interdict the interviews, which are currently underway to fill the post vacated by Advocate Shamila Batohi at the end of January 2026.

Kubayi described the letter as “self-inflicted urgency” and insisted that the panel will continue with the interviews. “We have received a letter indicating an intention to interdict the process. This letter comes from the DA, but we see it as misguided. There is no need to halt the process, and we will forge ahead,” she said. The minister confirmed that her legal team has been instructed to respond if the DA proceeds with an urgent court application.

The advisory panel, chaired by Kubayi, is interviewing six candidates over two days at the Auditor-General South Africa Offices in Pretoria. Wednesday’s schedule included Adv Nicolette Bell, Adv Adrian Mopp, and Adv Andrea Johnson, while Thursday will see Adv Xolisile Khanyile, Adv Hermione Cronje, and Adv Menzi Simelane interviewed. The panel aims to ensure a transparent and merit-based appointment to one of South Africa’s most critical prosecutorial positions.

Kubayi emphasised that the DA’s move is unnecessary and undermines the integrity of a process designed to be transparent and accountable. “The letter is dated 7 December but was received by the panel on 10 December. We had to reflect on it, but we do not believe this urgency is warranted. The process is proceeding lawfully, and the DA’s action appears to be politically motivated,” she said.

The NDPP oversees the National Prosecuting Authority (NPA) and is responsible for leading prosecutions in high-profile and politically sensitive cases. Analysts say the position is central to maintaining public confidence in the rule of law and prosecutorial independence.

In a media advisory issued earlier this week, the Department of Justice highlighted the interview schedule, invited media coverage, and confirmed that proceedings would be live-streamed for public transparency. Biographical profiles of the candidates are available on the Department’s website.

Legal experts say that while the DA has the right to seek judicial intervention, urgent interdicts are generally reserved for situations where immediate harm or illegality can be demonstrated. Kubayi and the panel maintain that the recruitment process complies with all regulations, and there is no basis to halt it.

Speaking ahead of the interviews, Kubayi called on political parties to respect the integrity of the process. “This is a critical appointment for our justice system. Attempts to interfere are counterproductive and ultimately undermine public confidence in our institutions. We will not be swayed,” she said.

The outcome of the interviews will determine who will lead the NPA after Batohi’s term ends next month, at a time when the independence of South Africa’s prosecutorial authority remains under intense public scrutiny.

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