Neelam Rahim | neelam@radioislam.co.za
3-minute read | 24 September 2025 | 08:45 CAT

📸The National Prosecuting Authority offices in Pretoria. (Picture: Michel Bega)

For the first time since its inception in 1998, the National Prosecuting Authority (NPA) will see a head of office leave without controversy. Current National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, reaches the mandatory retirement age in January 2026. Yet, concern is mounting over the lack of clarity from President Cyril Ramaphosa on how her successor will be chosen.

“This is a big job. It has always been treated as a political appointment, and the President has the prerogative to appoint anyone he deems fit and proper,” said DA advocate Glynnis Breytenbach. While applauding former President Ramaphosa’s open and transparent appointment process that brought Batohi into office, Breytenbach warned that no such process is currently legislated. “We are in September. By December the country slows down, and in January she leaves. We’re running out of time.”

Batohi’s tenure is viewed as complex. Civil society and legal analysts agree she inherited a “completely hollowed out” institution. Breytenbach highlighted, “She can’t be blamed solely for the NPA’s failures. It’s a team effort. But the optics are that the buck stops with her.”

Her supporters credit her for restructuring internal systems and rebuilding integrity in senior management. Yet, her critics point to the lack of successful prosecutions in state capture cases. “Since the Zondo Commission, there hasn’t been a conviction. High-level corruption matters have been very disappointing,” Breytenbach added.

Nicole Fritz, Executive Director of the Campaign for Free Expression, echoed the concern. “It is alarming that the President has not taken the nation into his confidence on this crucial appointment. The NPA is foundational to the health of our justice system, and the delay undermines public confidence.”

Fritz described Batohi’s legacy as “checkered,” noting that while internal reforms were significant, “failures to secure prosecutions in high-profile cases, missteps in extraditions, and delayed action against compromised officials eroded trust.”

With just months remaining, the DA is proposing amendments to extend the retirement age of the NDPP to 75, aligning it with judges, thereby expanding the pool of candidates.

Urgency now lies with the Presidency. “We do not have seven months for a drawn-out process,” Fritz warned. “The public cannot afford further delays when the credibility of the NPA hangs in the balance.”

Listen to the full interview on Sabahul Muslim with Mouala Sulaimaan Ravat, DA advocate Glynnis Breytenbach and Nicole Fritz, Executive Director of the Campaign for Free Expression.