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Challenging NDPP appointment process sought to strengthen fairness, credibility

The Mercury

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January 08, 2026

ON DECEMBER 29, B Xulu and Partners Incorporated (BXI) filed urgent papers in the Pretoria High Court seeking an interim interdict to restrain the President from appointing a new National Director of Public Prosecutions (NDPP) pending a review of the Advisory Panel's recommendation report of December 12, 2025 and a full record of the NDPP selection process is produced.

Challenging NDPP appointment process sought to strengthen fairness, credibility

B XULU and Partners Incorporated has filed an urgent court application to stop the appointment of new National Director of Public Prosecutions.

(ITUMELENG ENGLISH Independent Newspapers)

The application was necessitated by the manner in which the Advisory Panel handled a 99-page objection submitted by BXÎ in respect of the nomination of Advocate Hermione Cronje.

The objection, although submitted within the prescribed public comment period and which was acknowledged as received by the Advisory Panel, was purportedly not provided to Advocate Cronje.

As a result, during Advocate Cronje's televised interview, she was not required to deal with the substantive merits of the complaint and was afforded the opportunity to submit written responses to BXI's objection at a later stage.

The courtesy afforded to Advocate Cronje to answer objections outside of the realm of the transparent public process has diminished the fairness and credibility of the recommendation process.

The substance of BXI's objection raised serious concerns about ethical judgment and the duty of prosecutorial independence, and was based on evidence that confidential information held within the NPA was shared with external parties.

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