Think tank, Centre for Development and Enterprise (CDE) executive director Ann Bernstein has advised President Cyril Ramaphosa to not extend the term of office of National Director of Public Prosecutions (NDPP) Shamila Batohi and has recommended a new appointment model akin to the 2019 South African Revenue Service (Sars) commissioner selection process. 

Bernstein explained that this would involve the President selecting one or more candidates who would then be interviewed by a high-level, independent and widely respected panel.

Batohi will be required to vacate her office in January 2026, as she reaches the age of 65.

The National Prosecuting Authority (NPA) Act allows the President to extend the term of office of the current NDPP by two years after retirement age is reached.  

“In our view, this option should not be considered by the President in this case. The NPA requires new leadership,” said Bernstein.

She urged the strengthening of the entity to successfully prosecute State capture and corruption cases.

She noted that recently Batohi admitted that while the NPA had made progress in some areas, it had failed to successfully prosecute any major State capture cases involving politicians, pointing to the hindering effects from that era, when State institutions were hollowed out.

Bernstein stated that the NPA had yet to fully recover from State capture and rebuild an effective national organisation.

She pointed out that getting the “wrong people at the top” had long-term consequences for the institution and the country and urged a reformed appointment process.

While the process which led to Batohi’s appointment was more “consultative” than previously, with public interviews, Bernstein explained that a new appointment process must include a selection panel of unaligned individuals of high standing, able to inspire confidence across society.

“…this panel should interview the potential candidates in private — away from the glare of television cameras — and then deliberate carefully based on clearly defined criteria before making their recommendations to the President,” she noted in comparing it to the 2019 Sars appointment model.

In addition to legal minds and civil society leaders on the panel, individuals with managerial experience should also be considered, Bernstein suggested, arguing that while the NDPP was a legal position, it was also a managerial role.

"While the composition of the panel, the criteria it applies, candidates’ names and the reasoned outcome of the process should be public, the actual interviews and deliberations should not be. Public interviews often produce poor results: good candidates are dissuaded from applying, discussions become superficial, and media spectacle replaces serious engagement. The Judicial Service Commission provides a cautionary example,” she explained.

The motivated recommendations for or against a candidate, made to the President by the panel, also must be made public, Bernstein suggested.

INQUIRY

Meanwhile, following dissatisfaction with Batohi’s performance as NDPP, the CDE has called for an urgent inquiry into the NPA, headed by a retired judge, to look into the structure, integrity and performance of the organisation.

The CDE explained that the aim of this inquiry would be to probe the NPA’s underperformance in making successful prosecutions and provide a report of remedial actions that the new NDPP could use as a “roadmap”.

“Without an effective NPA, the prospect of turning the tide against corruption and crime is almost impossible. Fixing the NPA is essential to building a capable State and growing the economy. Appointing the best possible candidate to lead the NPA, coupled with a report into what prevents it from dealing successfully with major corruption cases, requires urgent action by the President now,” Bernstein stated.