Freedom Under Law has submitted an objection to Menzi Simelane’s nomination as National Director of Public Prosecutions (NDPP). 

On 27 November 2025, the Advisory Panel for the selection of the NDPP announced that it had “identified six candidates who met the minimum requirements.” These candidates are advocate Nicolette Bell, advocate Hermione Cronje, advocate Andrea Johnson, advocate Xolisile Khanyile, advocate Adrian Mopp, and advocate Menzi Simelane. The panel invited comments on the suitability or otherwise of these candidates. (See https://www.justice.gov.za/m_statements/2025/20251127-NDPP-Recruitment-Process.html).  

The Constitution and the National Prosecuting Authority Act require that the NDPP must be a fit and proper person, with due regard to their experience, conscientiousness and integrity. The NDPP must at all times act in good faith and without fear, favour or prejudice.

FUL’s submission argues that advocate Simelane is not a fit and proper person for appointment as NDPP. FUL highlights serious criticisms of advocate Simelane made by the Ginwala Enquiry and emphasised by the Constitutional Court judgment in Democratic Alliance v President of the Republic of South Africa. These include:

• That he misconstrued his role as Director-General of the Department of Justice, which contributed to differences between the then-NDPP and the Minister;
• Giving contradictory evidence not based in fact or law;
• Making baseless allegations;
• Ignoring legal advice and deliberately withholding legal opinions, which had the potential to mislead the Enquiry;
• Failing to include relevant material in the government’s submissions; and
• Acting recklessly by drafting a letter which was found to be tantamount to executive interference in the NPA’s independence.

These findings have never been reviewed or challenged. The Constitutional Court confirmed their seriousness when it found it was irrational for then – President President to have ignored these issues when appointing Simelane as NDPP in 2010, and set the appointment aside. 

In addition, a disciplinary committee of the Johannesburg Society of Advocates has made several adverse findings against Simelane stemming from his conduct at the Ginwala Enquiry, and found that he had committed professional misconduct. And application to strike Simelane off the roll is currently before the courts.

These findings against Simelane are fundamentally at odds with the requirements for the position of NDPP. FUL submits that Simelane is not a fit or proper person to be appointed as NDPP, and that any attempt to appoint him would be unjustifiable, irrational, and vulnerable to legal challenge.

FUL’s  complete submission can be read here

ENDS