Democratic Alliance's legal threat casts shadow over NDPP interviews

Justice Minister Mmamoloko Kubayi, at the start of Wednesday’s interviews to finalise the screening process of the nominees for the role of National Director of Public Prosecutions (NDPP), divulged that her office received a letter from the Democratic Alliance (DA)’s lawyers threatening to interdict the interviews for the prosecution head position.

The panel is expected to select a candidate who will succeed Advocate Shamila Batohi once the interviews are completed and forward the names to President Cyril Ramaphosa for his final decision. Batohi's term comes to an end next month.

Before the first hopeful candidate, Western Cape prosecutions head Advocate Nicolette Bell took the hot seat, Kubayi said the DA had threatened to approach the court on an urgent basis to halt the screening process.

“We have received a letter with the intention to interdict the process,” the minister said. She said the letter is dated December 7, but the panel only received it on Wednesday.

Kubayi added that she will not go into detail regarding the letter, other than to say that the urgency cited by the DA is self-inflicted and lacks merit. She said that her office has instructed their legal team to respond to the letter. “We feel no need to halt this process…The letter is misguided,” the minister said.

It is understood that the DA wants Johannesburg Society of Advocates' advocate Menzi Simelane removed from the list of candidates being interviewed for the role of NDPP. Simelane is one of the six candidates due to be interviewed, and he is due to take the hot seat on Thursday - the last of the candidates to be interviewed.

DA spokesperson on Justice and Constitutional Development advocate Glynnis Breytenbach earlier said 13 years after being removed as head of the National Prosecuting Authority following litigation by the DA, Simelane cannot be reinstated. Breytenbach commented that Simelane’s appointment as NDPP had been declared unconstitutional as he “lacked the necessary integrity and competence for the job.”

“The Ginwala Enquiry report also labelled Simelane as dishonest and found that he has a history of abusing his powers.

“Simelane was former President Jacob Zuma’s appointment to the NDPP at the NPA and is notoriously known for his ties and links to State capture,” she added. Breytenbach, ahead of Wednesday’s interview process, said: “We can ill afford to double down on any controversial figures leading the NPA. The integrity of the NDPP cannot be restored if a disgraced member is shortlisted. Simelane doesn't possess the necessary experience or backbone to rebuild the NPA. He actively facilitated State capture in the NPA in the past and will do it again if given the chance. This cannot be allowed,” she said.

Kubayi, meanwhile, at the start of Wednesday’s proceedings, explained that she and her panel are not the appointing body for the new NPA head, only the body who will compile a shortlist to forward to the minister.

After screening all the other applications and nominations for the job, only six candidates were found suitable to be interviewed, she said. The minister explained that it cannot be allowed that a person with only a year’s management experience can be considered for this top job; therefore, candidates must at least have 10 years of experience.

She also pointed out that the names of the candidates due to be interviewed were made public and they have received 281 comments. Of these, Andrea Johnson’s profile attracted the most comments - 209 in total, while Simelane’s profile resulted in 28 comments. Kubayi indicated that each of the candidates will be questioned during their interview on the comments.

zelda.venter@inl.co.za