Gauteng High Court dismisses legal challenge against NDPP Andy Mothibi’s appointment

The Gauteng High Court turned down an application by a law firm to overturn NDPP Advocate Andy Mothibi’s appointment as National Prosecuting Authority head. The Gauteng High Court, Pretoria, turned down the legal bid by a law firm to overturn the appointment of Andy Mothibi as the National Director of Public Prosecutions. B Xulu and Partners Incorporated (BXI) – the applicant – earlier launched an urgent court application to halt the appointment of Mothibi, arguing that serious procedural flaws undermined the fairness and transparency of the selection process.

The move came after President Cyril Ramaphosa appointed Mothibi, head of the Special Investigating Unit (SIU), as the country’s new NDPP, who took over from Shamila Batohi on February 1. On Tuesday, the court stated that the applicant lacked the legal standing to pursue the application.It was also found that the president, in selecting Mothibi as the head of theNational Prosecutions Authority(NPA), did not act irrationally. On Tuesday, the court stated that the applicant lacked the legal standing to pursue the application.

“The fact that thepresident appointeda person whose fitness is not being questioned speaks of a rational decision,” the court said. Mothibi’s appointment followed an advisory panel’s review, which concluded that none of the seven interviewed candidates for the position were suitable. The applicant clarified that their objection was not against Mothibi’s appointment itself, but rather the manner in which it was conducted.

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All the other failed candidates were subjected to an interview process. President Ramaphosa subsequently elected to appoint Mothibi without him being interviewed. In its judgment, the court said: “It is arguably unfair to appoint the 10th respondent (Mothibi) 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. Time was running out as the incumbent would vacate her position at the end of January.” The court also said the president was within his rights to appoint Mothibi without a public screening process.

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