The role, performance, and appointment of the next National Director of Public Prosecutions
Statement by Zandile Phiri, Acting Secretary General of the United Democratic Movement
The National Director of Public Prosecutions (NDPP) holds one of the most vital positions in South Africa’s constitutional democracy. As the head of the National Prosecuting Authority (NPA), the NDPP is tasked with ensuring that criminal prosecutions are conducted without fear, favour, or prejudice; regardless of status, wealth, or political affiliation.
This position demands more than just legal expertise. It requires a leader of the highest ethical standards, uncompromising independence, and a proven commitment to justice and constitutional values. The NDPP must possess the strength and courage to act decisively in the public interest, even when powerful forces seek to undermine the rule of law.
Advocate Shamila Batohi had been appointed during a period of national crisis, following the devastating effects of state capture. She brought credibility, international experience, and a clear commitment to restoring institutional integrity. During her tenure, notable improvements were made in rebuilding internal governance structures and reinforcing the independence of the NPA.
However, the pace and visibility of high-profile prosecutions have not met public expectations. The prosecution of key figures implicated in state capture has been inconsistent and often delayed, and internal divisions and morale issues within the NPA continue to hamper its effectiveness. The structural constraints of the institution, including chronic underfunding, political interference, and capacity gaps, have further limited the NDPP’s ability to deliver meaningful results.
In this context, the United Democratic Movement (UDM) reaffirms its long-standing position that South Africa cannot afford another misstep in appointing the next NDPP. The credibility of the criminal justice system, and indeed the integrity of the state, hinges on this decision.
The UDM believes that:
1. The appointment of the next NDPP must be a public, open, and participatory process. This must include public nominations, shortlisting by an independent panel of respected legal experts and civil society leaders, and public interviews, in a process similar to that of the Judicial Service Commission.
2. The final recommendation to the President should be subject to meaningful Parliamentary oversight. The UDM calls for the establishment of an ad hoc multi-party committee to review the shortlisted candidates and endorse the final appointment.
3. The incoming NDPP must demonstrate an unwavering commitment to independence from political or corporate influence. The UDM will oppose any appointment that reflects political patronage or serves factional interests.
4. The next NDPP prioritise the prosecution of those implicated in state capture, including former Cabinet ministers, senior officials, and private sector enablers. The era of impunity must end.
5. The capacitation and resourcing of the NPA, including the establishment of a permanent, independent anti-corruption prosecutorial unit are paramount. The NDPP must be empowered to lead a well-funded, fully functional prosecuting authority.
South Africans deserve a criminal justice system that is fearless, functional, and free from interference. The appointment of the next NDPP must reflect these values and mark a decisive break from the failures of the past. Anything less will be a betrayal of the Constitution and the aspirations of the people.
