Law firm B Xulu and Partners Incorporated has filed an urgent application in the Gauteng High Court in Pretoria, seeking to interdict President Cyril Ramaphosa from appointing the next National Director of Public Prosecutions.
The legal action aims to halt the appointment process scheduled for January 2026, when current NDPP Shamila Batohi is due to retire. The firm is challenging the legality of the selection process conducted by the advisory panel tasked with recommending candidates for the position.
Objection To Hermione Cronje’s Candidacy
At the centre of the application is the candidacy of Advocate Hermione Cronje. The law firm claims the advisory panel failed to adequately consider a formal objection lodged against her.
The objection, submitted by the firm’s director Barnabas Xulu, spans 99 pages and accuses Cronje of unlawfully sharing confidential state information with external parties during her tenure as head of the National Prosecuting Authority’s Investigating Directorate in 2020. The firm alleges that these claims were neither properly interrogated nor transparently addressed during the interview process.
According to the application, the panel’s failure to deal with the objection renders the entire selection process unlawful, biased, and procedurally unfair. The firm is calling for the advisory panel’s work to be set aside and its report withdrawn.
Allegations Of Bias And Irregularities
In court papers, Xulu alleges that the advisory panel lacked transparency and demonstrated preferential treatment towards Cronje. He claims she was not required to publicly respond to allegations in the same manner as other candidates, a move he argues was designed to improve her prospects.
The application further alleges that Cronje was subjected to different rules, including being allowed to engage with the panel after her interview had concluded. Xulu contends that this differential treatment undermines the principle of equal treatment of candidates and compromises the fairness of the process.
The papers also claim that the panel failed to adequately question Cronje on statements made during her interview, where she reportedly indicated that she would obtain information from the NPA even after leaving the institution. Xulu argues that this amounted to an admission of unlawful conduct and should have been probed further by the panel.
Respondents And Court Timelines
President Ramaphosa has been cited as the first respondent in the matter, with the advisory panel named as the second respondent. Minister of Justice and Constitutional Development Mmamoloko Kubayi is the third respondent, while Cronje has been cited as the fourth respondent.
The matter is expected to be heard in early January, with respondents required to file their responses by 5pm on 31 December 2025.
Justice Department To Oppose Application
While the Presidency did not respond to requests for comment, the Department of Justice and Constitutional Development confirmed receipt of the application.
Departmental spokesperson Terrence Manase said the department intends to oppose the application, arguing that it does not meet the threshold for urgency and is premature. He explained that the president is still considering the advisory panel’s report, which took into account all submissions and inputs received in relation to the candidates interviewed.
Manase added that the relevant papers are currently under review and that a formal Notice to Oppose will be filed in line with court rules.
Cronje Responds To Broader Allegations
Attempts to obtain direct comment from Cronje on the allegations were unsuccessful. However, in previous remarks, she has defended her professional record by pointing to significant operational challenges within the NPA during her tenure.
She has described the institution as suffering from severe skills shortages and dysfunction, while maintaining that the situation was capable of being remedied.
Developments Within The NPA
Meanwhile, reports indicate that Batohi’s deputy, Advocate Anton du Plessis, has resigned from his position, citing personal and family reasons. His departure comes amid continued scrutiny of leadership and governance issues within the prosecuting authority.
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