Advocate Hermione Cronje's Bid for National Director of Public Prosecutions (NDPP) Meets Fierce Resistanceg

As South Africa seeks to appoint its next NDPP, one candidate stands out—not only for her credentials but for the exceptional work she has done in the South African Law spectrum.

Advocate Hermione Cronje is a veteran prosecutor and lawyer with multiple years of experience, therefore her name has been put forward for the nation’s top legal enforcement role. Yet, what was meant to be a merit-based appointment has turned into a heated national debate voicing strong objections.

It has even reached as far as a high court application to interdict the appointment of the NDPP.

The advisory panel set up to search for the country’s next National Director of Public Prosecutions (NDPP) and the president have until Wednesday to file their court papers in response to an urgent high court application to interdict the appointment of the country’s prosecutions boss.

The appointment of the NDPP would significantly shape the lives of South Africans and sculpt and redefine the political climate of The Republic. 

Cronje was listed as the possible successor of Shamila Batohi who has held the forte since the year 2019.

The legal challenge by Law firm B Xulu and Partners Incorporated seeks to halt the appointment process scheduled for January 2026, when the current NDPP, Shamila Batohi, retires. Their amusement is that the advisory panel did not adequately consider the formal objection regarding Advocate Hermione Cronje's candidacy.

In support of the major halt, The law firm’s director, Barnabas Xulu, had submitted a 99-page objection accusing Cronje of “unlawful information peddling” and sharing confidential state information with external parties during her tenure as the leader of the NPA’s Investigating Directorate (ID) in 2020.

The firm reports that the selection process was not followed, and demands that the advisory panel’s work be scrapped and its report withdrawn.

With the hearing set for early in January, the respondents including President Cyril Ramaphosa, the advisory panel, Justice and Constitutional Development Minister  Mmamoloko Kubayi, and Cronje have been given until December 31, 2025, at 5pm to respond.

In an affidavit written by Xulu, he said that the advisory panel of lacks transparency and did everything purposely to increase Cronje’s prospects as a candidate, adding that it has demonstrated bias in favour of Cronje and orchestrated a situation “where she was not made to answer publicly, as was the case with other candidates”. And also noted that there was no fairness in the process.

“Thus, the nub of this application is that the failure by the advisory panel to have our objection properly considered and transparently addressed by the fourth respondent (Cronje) is a gross irregularity that rendered the interview process reviewable,” read the affidavit.

The law firm also alleged that Cronje was given a different set of rules compared to other candidates, which enabled her to engage directly with the panel even after the interview had been concluded.

He said this was a clear indication that Cronje’s actively engaged in the unlawful exchange of confidential information without any regard for the unlawfulness of her conduct.

“We record that the failure of the advisory panel to question her on this conduct lends further credence to the thrust of our core allegation of bias and dereliction of duty against the advisory panel,” read the papers.

Justice and Constitutional Development spokesperson Terrence Manase said the department intends to oppose the application, adding that it does not meet the requirements for urgency and is premature, as Ramaphosa is still considering the report submitted by the panel.

“The relevant papers are currently under consideration,” he said.

Ramaphosa’s spokesperson, Vincent Magwenya, did not respond to requests for comment while efforts to reach out to Cronje were unsuccessful.

The verdict on the NDPP appointment will soon be delivered, but the larger trial of the system's integrity has only just begun.