Opposition parties have raised concerns about the appointment of advocateAndy Mothibias National Director of Public Prosecutions (NDPP), criticising both the integrity of the selection process and the extent of executive discretion exercised by President Cyril Ramaphosa. The presidency announcedMothibi’s appointmenton Tuesday after an advisory panel established by the justice ministry concluded that none of the shortlisted candidates interviewed for the post late last year were suitable for appointment. Ramaphosa proceeded to pick Mothibi, who was not among the candidates and is currently head of the Special Investigating Unit (SIU).
Some opposition parties said the manner in which the appointment was made has undermined public confidence in the independence of the National Prosecuting Authority (NPA) and intensified scrutiny of the new NDPP’s credibility. TheEconomic Freedom Fighters(EFF) said Mothibi takes office at a time the NPA has been significantly “weakened”, with a pattern of withdrawn cases, matters struck off the court roll and delays in prosecuting serious crimes. The party attributed the decline in prosecutorial performance to the leadership of outgoing NDPP Shamila Batohi, accusing the institution of allowing a culture of impunity to take root.
While acknowledging Mothibi’s role at the SIU, the EFF said his tenure should be judged strictly on prosecutorial outcomes. The party said South Africans expected criminal prosecutions and convictions rather than explanations, public statements or civil asset recovery without arrests. The EFF also criticised the appointment process, arguing that the advisory panel’s failure to identify a suitable candidate exposed a gap in the legislative framework governing NDPP appointments.
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The president’s ability to appoint an NDPP despite the panel’s findings highlighted the lack of effective checks on executive power in appointments to key justice institutions, it added. Concerns about the process have been compounded by an urgent court application brought by law firm B Xulu & Partners Incorporated (BXI), which is challenging the integrity of the NDPP selection process. BXI filed papers in the North Gauteng High Court in December seeking an interim interdict to halt the appointment pending a review of the advisory panel’s recommendation and the release of the full record of the selection process.
BXI argues that objections it submitted during the public participation phase were not handled in a procedurally fair manner. The firm says its objections were acknowledged as received but were not properly furnished to or interrogated with certain candidates during the public interview process, undermining the transparency and credibility of the panel’s work. In its application, the law firm says unresolved procedural defects threaten the constitutional requirement that the NDPP enjoy unquestioned independence and public trust.
It says once an appointment is finalised, any subsequent legal remedies may become academic, necessitating interim relief to prevent the process from becoming irreversible. The uMkhonto weSizwe (MK) party said the appointment reflected broader governance failures within the criminal justice system. Spokesperson Nhlamulo Ndhlela also called on Mothibi to act urgently againstHangwani Maumela,a distant family connection of Ramaphosa’s implicated in the looting by syndicates of R2 billion from Tembisa Hospital. The SIU’s investigations, including raids on his Sandton mansion, found evidence linking him to the graft, and the MK party said inaction signalled shielding.
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