Adv Andy Mothibi is set to inherit his predecessor Shamila Batohi’s litany of problems related to delays in the prosecution of high-profile cases stemming from state capture inquiry which have seen little-to-no-progress in recent years. One of the high-profile state capture cases that Mothibi will be confronted by as he assumes office in February as the new National Director of Public Prosecutions is the start of the trial in the Transnet advisory contract case scheduled for the same month he starts his new job. The case involves companies McKinsey, Regiments Capital, and Trillian who were found by the Zondo Commission to have benefited from highly inflated and irregular advisory contracts related to procurements at Transnet.
Former Transnet executives including Brian Molefe, Siyabonga Gama and Anoj Singh have been arrested and charged with fraud, corruption and money laundering related to the recommendations of the Zondo commission. The inquiry made 218 recommendations for criminal prosecutions spanning multiple state entities. A progress report released by the Presidency last year showed that by March 2025, of the 218 recommendations, more than 100 were still under investigation, no investigation had been initiated in 17 cases, while 35 cases had stalled due dependencies such as extradition requests.
Ten cases had been finalised. Mothibi’s appointment as new NPA head has been widely welcomed by civil society owing to his track record as a corruption buster while at the helm of Special Investigative Unit. Mothibi was announced as the next NPA head by President Cyril Ramaphosa late on Tuesday in a statement that left many confused, as he was not part of those who were interviewed for the position by a panel led by Kubayi.
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This is after the panel informed Ramaphosa that none of the interviewed candidates was suitable for the position. Speaking to reporters in Rustenburg yesterday, where the ANC is to hold its annual January 8 statement, Ramaphosa said it was within his right to appoint Mothibi as the new NDPP head following receiving reports that there were no suitable candidates to replace Batohi. Speaking at the fundraising golf tee-off in Sun City, North West, Ramaphosa said it was his constitutional power to appoint Mothibi.
“Because of the shortness of the time, I then relied on what the Constitution empowers me as president to do, and it is for that reason that I decided to appoint Mothibi. “I’ve appointed a known figure, a person who is in the criminal justice system, who has distinguished himself, and who has demonstrated his ability, and I’m hoping that everybody will accept this for what it is,” he said.
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