The Democratic Alliance (DA) wants Johannesburg Society of Advocates' advocate Menzi Simelane removed from the shortlisted candidates being interviewed for the role of National Director of Public Prosecutions (NDPP).

On Thursday, The Advisory Panel handling the selection process, chaired by Minister of Justice and Constitutional Development Mmamoloko Kubayi, announced that it had shortlisted six candidates for the position.

They include former National Prosecuting Authority (NPA) Investigating Directorate (ID) head advocate Hermione Cronje, who is now a freelance international anti-corruption and asset recovery specialist; NPA Western Cape Director of Public Prosecutions advocate Nicolette Astraid Bell; NPA ID advocate Andrea Johnson; Global Coalition to Fight Financial Crime chairperson advocate Xolisile Jennifer Khanyile; NPA Western Cape Deputy Director of Public Prosecutions advocate Adrian Carl Mopp; and Simelane.

The Advisory Panel met on Tuesday to finalise the screening of the nominated candidates, after receiving 32 applications.

The panel is considering December 10 to 11 for the interview process.

The DA said Simelane’s shortlisting to the position is shameful.

“Thirteen years after being removed as head of the National Prosecuting Authority following litigation by the DA, Simelane cannot be reinstated,” said DA spokesperson on Justice and Constitutional Development advocate Glynnis Breytenbach.

Breytenbach pointed out that Simelane’s appointment as NDPP had been declared unconstitutional as he “lacked the necessary integrity and competence for the job.”

“The Ginwala Enquiry report also labelled Simelane as dishonest and found that he has a history of abusing his powers.

“Simelane was former President Jacob Zuma’s appointment to the NDPP at the NPA and is notoriously known for his ties and links to State capture,” she added.

The DA had brought a legal challenge arguing that Simelane was not fit and proper. In late 2011 the Supreme Court of Appeal (SCA) agreed with the DA, ruling Simelane’s appointment invalid.

The Constitutional Court confirmed the SCA's ruling in 2012.

Breytenbach pointed to the ongoing Madlanga Commission and South African Police Service (Saps) ad hoc committee, which had revealed serious allegations relating to the criminal justice system, implicating senior law enforcement, prosecutorial, intelligence, and even executive officials in organised crime and systemic corruption.

“We can therefore ill afford to double down on any controversial figures leading the NPA. The integrity of the Office of the NDPP cannot be restored when a disgraced member is shortlisted. Simelane doesn't possess the necessary experience or backbone to rebuild the NPA. He actively facilitated State capture in the NPA in the past and will do it again if given the chance. This cannot be allowed to happen.

“This appointment process presents the opportunity to learn from the mistakes of the past and considering Simelane for the NPA top job flies in the face of everything we have been promised in fighting corruption. We reject it in the strongest terms,” she said.

Breytenbach explained that the NPA needed a leader with “integrity, honesty and the ability” to stand up for the just and stated that Simelane had none of these qualities.