DR SUHAYFA BHAMJEE | Wanted: an NDPP who puts justice above politics

The appointment of South Africa’s next national director of public prosecutions (NDPP) is not just another bureaucratic exercise — it is a turning point for the integrity of our justice system. After years of reputational damage, allegations of capture and leadership instability, the country needs a reformer, not a placeholder.

The NDPP is the chief prosecutor, not a CEO

As Jean Redpath, senior researcher at the Dullah Omar Institute at the University of the Western Cape, rightly argues, the NDPP is not a corporate CEO — it is the chief prosecutor of South Africa.

Making “executive management experience” a minimum requirement is problematic because it is not prescribed by law and risks excluding exceptional litigators. This emphasis could sideline candidates with proven courtroom expertise — precisely what the role demands.

As the chief prosecutor of South Africa, the NDPP is entrusted with safeguarding the rule of law and ensuring justice is administered impartially. As the head of the National Prosecuting Authority (NPA), the NDPP’s mandate is fundamentally legal and constitutional, not commercial or profit-driven.

Their primary responsibility is to lead criminal prosecutions on behalf of the state, uphold the integrity of law enforcement and maintain public confidence in the justice system. This role demands independence, impartiality and adherence to constitutional principles, rather than managerial strategies aimed at financial performance or organisational branding.

The NDPP’s core functions include setting national prosecution policy in consultation with the minister of justice, ensuring compliance with these directives across all prosecutors and overseeing the NPA’s operations, including its Investigating Directorate for complex and high-profile cases.

The NDPP must guarantee that prosecutions are conducted without fear, favour, or prejudice, regardless of political influence, wealth or social status. Additionally, the NDPP has the authority to review and intervene in prosecutorial decisions to ensure consistency with policy and the law.

In essence, the NDPP’s leadership is rooted in legal accountability and constitutional morality, distinguishing it sharply from the corporate governance model of a CEO.

And so, what we need is a NDPP who embodies these qualities, has demonstrated that they will not tolerate interference, and who has a strategic vision for institutional reform that aligns with the constitutional mandate for prosecutorial independence.

At a time when public confidence in the NPA is at an all-time low, appointing the right NDPP would send a clear message: South Africa is serious about accountability.

Who are the candidates

The availability of candidates’ CVs for the position of NDPP became a focal point for transparency and public participation in South Africa’s democratic processes.

Initially, the department of justice (DoJ) published a shortlist of six candidates without making their CVs accessible, despite President Cyril Ramaphosa’s commitment to an open and transparent selection process. This omission drew criticism from Corruption Watch (CW), which argued that withholding CVs severely undermined meaningful public engagement and vetting.

CW emphasised that the public cannot provide informed feedback on candidates without access to their professional backgrounds and qualifications, especially for a role as critical as the NDPP, which is central to upholding the rule of law and prosecutorial independence.

In response to CW’s urgent intervention, which cited a recent Constitutional Court judgment affirming the principle of public participation, the department of justice agreed to publish the CVs. However, it refused to extend the deadline for public submissions beyond the original date, leaving only four days for scrutiny.

CW maintained that this truncated timeframe was unreasonable and indicative of a lack of political will to ensure genuine transparency. The organisation stressed that meaningful participation requires both access to sufficient information and adequate time for deliberation.

This appointment is not just another bureaucratic decision — it is a defining moment for South Africa’s justice system. We cannot afford to repeat the mistakes of the past. The advisory panel and the president must choose integrity, independence and a proven capacity for reform, over political convenience.

This episode underscores the tension between procedural compliance and substantive democratic engagement, highlighting the need for robust mechanisms that balance privacy concerns with the constitutional right to information in leadership appointments.

1. Adv Nicolette Astraid Bell: Currently serving as DPP in the Western Cape, Bell brings more than 27 years of experience within the NPA, including 16 years in senior management roles. Her career spans positions as acting director, senior deputy director and state advocate, reflecting deep institutional knowledge and continuity. Bell is widely regarded as a strong manager and a principled prosecutor, credited with leading one of the country’s top-performing offices. Under her leadership, the Western Cape division has achieved high conviction rates and spearheaded initiatives to tackle corruption, fraud and organised crime. Bell’s prosecutorial record includes cases such as the conviction of serial killer Lazarus Mazingane and the prosecution of Dina Rodrigues for the murder of baby Jordan-Leigh Norton. She has represented South Africa internationally, including at the UNODC Global Programme on Combating Wildlife and Forest Crime and the International Association of Prosecutors Convention. Her qualifications include an LLM in Commercial and Labour Law and extensive professional development in trial advocacy, cybercrime, and leadership. Known as “the people’s lawyer”, Bell has prioritised victim-centred justice, restructuring court systems to improve efficiency and expanding Thuthuzela Care Centres for survivors of sexual violence. Her strategic management skills and leadership make her a credible candidate — though her profile leans more towards operational continuity than transformative reform.
2. Adv Andrea Johnson: Currently serving as investigating director at the NPA, Johnson has a long history in high-stakes prosecutions. Her previous roles include senior deputy DPP and leadership positions in the directorate of special operations (Scorpions). She is widely recognised for her experience in organised crime and corruption cases, positioning her as an insider with operational depth. However, her candidacy for NDPP has raised concerns. Tebogo Khaas, chairperson of Public Interest SA, has criticised Johnson’s leadership at the investigating directorate as being reactive and lacking the strategic vision needed to reform the NPA and restore public confidence. He notes that under her watch, the directorate has faced internal turmoil and high-profile missteps, with critics warning that her approach often prioritises headline-grabbing arrests over sustainable prosecutions. This tendency risks undermining the credibility of the justice system, particularly in complex corruption cases that demand meticulous preparation. Moreover, Johnson’s deep entrenchment within the NPA hierarchy raises questions about her independence and susceptibility to political influence — qualities South Africa cannot afford in its chief prosecutor. In other aspects, she is a formidable candidate for continuity — but if she becomes NDPP, who then leads the investigating directorate? 
3. Adv Hermione Cronje: A former head of the NPA’s investigating directorate, Cronje is now an international anti-corruption and asset-recovery specialist. She has consulted for global development institutions and NGOs, and previously worked in the NPA’s asset forfeiture unit. Her expertise lies in tackling corruption and tracing illicit financial flows, making her a candidate with strong global and local anti-corruption credentials. Cronje brings a rare combination of global anti-corruption expertise, institutional reform experience and fearless independence. A Harvard-trained public administration specialist, she has advised governments and law enforcement agencies across Africa, Eastern Europe and Asia on asset recovery and corruption enforcement. Her work with the UN Office on Drugs and Crime and the World Bank’s Stolen Assets Recovery Initiative has positioned her as a global thought leader in combating transnational corruption. Closer to home, Cronje’s tenure as investigating director at the NPA was marked by courage and clarity of purpose. She established the Investigating Directorate Against Corruption (IDAC) during the most turbulent period in South Africa’s democratic history — when the Zondo Commission exposed the rot of state capture. Under immense public pressure, Cronje laid the foundation for prosecuting those implicated in systemic corruption. Cronje did not shy away from hard truths or political interference — and that is precisely the kind of leadership the NPA needs now. Cronje’s critics point to her limited recent litigation, but her career includes years of prosecutorial work and, more importantly, a proven ability to design and implement systemic reforms. She understands both the law and the institutional architecture needed to make it work.
4. Adv Xolisile Jennifer Khanyile: Khanyile is a career prosecutor with over 23 years of experience in South African law enforcement. She served in senior roles at the Asset Forfeiture Unit for more than five years before being appointed by the president as DPP, a position she held for eight years. In 2018, Khanyile became director of the Financial Intelligence Centre (FIC), where she oversaw its strategic and operational mandate both domestically and internationally. Her leadership extended beyond South Africa: she served as vice-chair and chair of the Egmont Group, a global network of financial intelligence units. She has delivered training on financial crime, corruption, asset forfeiture, sexual offences and human trafficking across Africa and internationally, and addressed major conferences including Interpol’s General Assembly and the Wolfsberg Annual Conference. Khanyile spearheaded the creation of South Africa’s Fusion Centre and Africa’s first public-private anti-money laundering partnership, Samlit. Her contributions earned her the Financial Crime Fighter of the Year (2022) award from the Global Coalition to Fight Financial Crime and the INKANYEZI Award (2023) from the Compliance Institute of Southern Africa. Her international exposure adds weight to her candidacy in an era of transnational corruption. However, she headed the Free State Division when the #Bophelo94 community health workers were prosecuted for a peaceful vigil — a case later overturned by the high court.
5. Adv Adrian Carl Mopp: Serving as deputy DPP in the Western Cape, Mopp brings over three decades of experience in criminal justice, specialising in organised crime investigations, complex commercial offences and asset forfeiture litigation. His career includes senior roles in special operations and multi-agency coordination, where he directed high-impact gang and organised crime prosecutions and contributed to national reform strategies within the NPA. He is recognised for strengthening institutional governance and performance accountability frameworks at provincial and national levels, as well as championing ethical governance and public-sector accountability. However, his track record is not without controversy. Mopp led the failed prosecution in the high-profile Shrien Dewani murder trial, which ended in acquittal and drew criticism for weak evidentiary strategy and case management. This failure raises questions about his judgment in complex, high-stakes cases — an important consideration for a role that demands both technical excellence and public confidence
6. Adv Menzi Simelane: A deeply controversial figure, Simelane served as NDPP from 2009 until 2012 after being appointed by former president Jacob Zuma. His tenure was clouded by allegations of dishonesty and abuse of power, culminating in a Constitutional Court judgment that declared his appointment invalid. The court found that Zuma’s decision was irrational because it ignored the scathing findings of the Ginwala Commission, which had questioned Simelane’s integrity and fitness for office. The Ginwala report described Simelane as dishonest and highlighted his disregard for constitutional principles governing the independence of the NPA. Simelane’s appointment was challenged by the DA, which argued that he lacked the necessary integrity and competence for the role. Both the Supreme Court of Appeal and the Constitutional Court agreed, ruling that his appointment was unconstitutional and inconsistent with the requirement that the NDPP be a “fit and proper person”. Critics also link Simelane to the hollowing out of the NPA and enabling state capture during his tenure. Despite this history, Simelane has reapplied for the position and is currently practising as an advocate, sparking fierce debate about whether someone previously found unfit for office should even be considered for the role. His candidacy underscores the very dilemma South Africa finds itself in — the critical importance of integrity and independence in prosecutorial leadership — qualities that South Africa cannot afford to compromise.

A call to action

This appointment is not just another bureaucratic decision — it is a defining moment for South Africa’s justice system. We cannot afford to repeat the mistakes of the past. The advisory panel and the president must choose integrity, independence, and a proven capacity for reform, over political convenience.

But this is not their responsibility alone — it is ours. Every South African who cares about accountability and the rule of law must make their voice heard. Demand transparency. Demand a leader who will rebuild the NPA, restore public trust, and confront corruption without fear or favour.

Actions speak louder than words — so pay close attention to track records that demonstrate unwavering commitment to independence, integrity and steadfast resistance to political influence and capture. The future of justice depends on bold, principled leadership — and on us insisting that the right person gets the job. Silence is complicity. Speak up now.