The process to appoint South Africa’s next National Director of Public Prosecutions (NDPP) has hit a major legal roadblock, with a law firm launching an urgent High Court application to block President Cyril Ramaphosa from making the appointment.
B Xulu and Partners Inc., headed by prominent attorney Barnabas Xulu, filed the application in the Pretoria High Court seeking an interim interdict to prevent any further steps toward appointing a new NDPP based on the advisory panel’s recommendations submitted earlier this month.
The challenge centres on allegations of irregularities in the selection process, particularly regarding one of the shortlisted candidates: Advocate Hermione Cronje, the former head of the NPA’s Investigating Directorate Against Corruption (IDAC).
Xulu had previously submitted a formal objection to the advisory panel, accusing Cronje of serious misconduct during her time at the NPA around 2020. The claims include unlawfully leaking confidential information to external parties, directing colleagues to “tamper with language” in communications, and undermining anti-corruption efforts in a high-profile case involving illegal abalone poaching (the Bengis matter), in which Xulu’s firm was involved.
According to court papers and related reports, Xulu alleges the panel showed bias by not providing Cronje with a copy of his objection for her to respond during her interview on 11 December 2025, and by failing to adequately scrutinise the allegations. He has demanded that the panel’s report be withdrawn or the process restarted.
The Department of Justice and Constitutional Development confirmed receipt of the urgent application and stated its intention to oppose it vigorously.
Spokesperson Terrence Manase said: “The papers are under consideration, and in line with court rules, the department intends to oppose the application on the basis that it does not meet the requirements for urgency and is premature, as the president is still considering the advisory panel’s report, which assessed all inputs in respect of all candidates interviewed.”
Opposing parties have until 17:00 on 31 December 2025 to indicate their intent to respond.
The NDPP position will become vacant at the end of January 2026 when current incumbent Advocate Shamila Batohi’s term expires. The advisory panel, chaired by Justice Minister Mmamoloko Kubayi, interviewed six candidates earlier in December after shortlisting them from dozens of nominations.
This is not the only potential legal threat to the process; the Democratic Alliance (DA) has separately warned of court action over the inclusion of another controversial candidate, former NDPP Menzi Simelane, whose previous appointment was declared invalid by the courts.
The outcome of Xulu’s application could further delay the filling of this critical role, amid ongoing concerns about the NPA’s capacity to tackle corruption and rebuild public trust. A hearing is expected in early January 2026.
