Neelam Rahim | neelam@radioislam.co.za
3-minute read | 12 December 2025

📸 Controversy grows over the NPA shortlist as the DA demands a review of the process.

The concerns follow widespread criticism from experts, civil society members, and even opposition figures regarding Simelane suitability for the role.

Advocate Glynnis Breitenbach, speaking on behalf of the DA, outlined the reasons behind the backlash. “Under his watch, state capture was really incubated in the NPA, and he did a very good job of dismantling the vital functions of the NPA,” Breitenbach said. She noted that Simelane was removed from the position following a Supreme Court of Appeal and Constitutional Court decision after the Ginwala Commission of Inquiry found him “duplicitous and way less than honest,” failing to perform his duties appropriately. “He just by no fashion meets the very important requirement of being fit and proper to occupy that post,” she added.

The DA insists that the current shortlisting process has been “rushed” and “tainted,” questioning the panel’s composition. Breitenbach noted the absence of representatives from the General Council of the Bar (GCB) and prosecutorial experts, as well as a lack of familiarity with the culture of the NPA. “Everybody knew that Bertoli was going to retire in January, this process should have started months ago,” she said, emphasizing that the delay has created unnecessary pressure on the selection process.

Breitenbach also challenged the notion of “minimum requirements” for such a critical role, arguing that the position demands more than just the bare minimum. “It certainly isn’t the kind of job where you are wanting to settle for the minimum requirements,” she said. The DA has warned that should the president appoint someone from this list without addressing the flaws in the process, they will take the matter to court to have it set aside.

The situation has raised concerns about a potential leadership gap at the NPA when Advocate Shamila Batoi retires next month. Breitenbach explained that, in the absence of a permanent head, the president would need to appoint an acting director – a solution she described as “far from ideal and completely avoidable.”

The DA continues to push for a transparent, credible, and thoroughly vetted process, urging the government to ensure that the next NPA head is both “fit and proper” and capable of restoring confidence in South Africa’s criminal justice system.

Listen to the full interview on The Daily Round-Up with Moulana Junaid Kharsany and Advocate Glynnis Breitenbach.