Public Interest SA Opposes the Appointment of Advocate Andrea S. Johnson as NDPP

Johannesburg, South Africa, Friday, 05 December 2025 – Public Interest SA has, today, formally submitted an objection to the Advisory Panel chaired by Minister Mmamoloko Kubayi regarding the candidature of Advocate Andrea S. Johnson for the position of National Director of Public Prosecutions (NDPP).

Following an extensive evaluation of publicly available information, institutional performance data, judicial commentary, and internal developments within the National Prosecuting Authority (NPA), Public Interest SA concludes that Adv Johnson is not a suitable candidate for the position.

The organisation identified serious ethical, professional, and governance concerns that collectively undermine her suitability to lead South Africa’s prosecutorial authority at a critical moment for the rule of law.

Key Concerns Raised by Public Interest SA

1. Conflict of Interest – Failure to Recuse Herself: Adv Johnson participated in NPA recruitment processes affecting her husband, Mr Junaid Johnson, without declaring a conflict of interest. This conduct breaches the NPA Code of Conduct, the Public Service Regulations, and widely accepted governance standards.

   
   

2. SAPS Factionalism Allegations: The public record reflects allegations that Mr Johnson is aligned with a faction within SAPS involved in internal battles against senior officers. When combined with Adv Johnson’s non-recusal, these allegations create serious perception risks about her independence.

   
   

3. Misuse of Prosecutorial Power in an HR Matter: In a highly irregular move, Adv Johnson pursued criminal prosecution against a SAPS employee in a matter that was indisputably a labour/HR dispute. This action has been widely viewed as factional interference and a misuse of prosecutorial mechanisms.

   
   

4. Collapse of the Matshela Koko State Capture Case: Under her leadership at the Investigating Directorate (IDAC), the NPA enrolled the Matshela Koko matter knowing the case was not ready. The case collapsed in court, resulting in financial losses, reputational harm, and a significant setback to State Capture accountability.

   
   

   This incident reflects a pattern of conduct in which she has consistently advanced prosecutions prematurely, without ensuring that the matters were adequately prepared for court.

   
   

5. Weak Leadership Performance at IDAC: Her tenure at IDAC was marked by poor case coordination, unstable staffing, allegations of festering internal divisions, low conviction rates, and repeated failures in high-impact corruption matters, despite immense public expectations post–State Capture report.

   
   

Public Interest SA emphasises that the NDPP must possess an unimpeachable ethical record, exceptional prosecutorial judgment, and a demonstrable ability to act without fear, favour, or prejudice. Adv Johnson’s record does not meet this constitutional threshold.

Public Interest SA therefore strongly recommends that she should not be appointed as the National Director of Public Prosecutions.

Statement by Public Interest SA Chairperson, Tebogo Khaas

“South Africa needs an NDPP who embodies independence, integrity, and professional excellence. Our assessment shows that Advocate Johnson’s history of ethical lapses, prosecutorial misjudgments, and proximity to factional dynamics poses a real threat to the credibility of the NPA. At this critical juncture, we cannot afford leadership that risks eroding public confidence in the prosecutorial system.”

Public Interest SA calls on the Advisory Panel to prioritise candidates who can restore trust, ensure accountability, and strengthen South Africa’s fight against corruption.

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For media enquiries: Public Interest SA Communications