Court dismisses legal bid to overturn Andy Mothibi as NDPP

as National Director of Public Prosecutions (NDPP). Picture: Gallo Images/City Press/Tebogo Letsie A bid to overturn the appointment of Andy Mothibi as National Director of Public Prosecutions (NDPP) has been dismissed. The ruling was handed down in the Gauteng High Court on Tuesday.

Barnabas Xulu and Partners approached the Gauteng High Court, arguing that the advisory panel appointed to select candidates was unconstitutional. “The applicant is confusing consistency with rationality. It is arguably unfair to appoint the tenth respondent without him being screened by an advisory panel.

The President was, however, not constrained to again use an advisory panel to appoint the 10th respondent,” the court ruled “Time was running out as the incumbent would vacate her position at the end of January. The fact that the President appointed a person whose fitness is not being questioned speaks of a rational decision.” The court ruled that Barnabas Xulu lackedlocus standi. “The first impugned decision is a recommendation only and cannot sustain a legality review as a separate decision.

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“The second decision is a fresh decision after a failed advisory process, based on a power to appoint, untrammelled by the requirements of fair process. The application must therefore fail,” the court ruled. The court also ordered that the parties pay their own costs.

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