B Xulu and Partners Incorporated has filed an urgent court application to stop the appointment of Advocate Andy Mothibi as South Africa’s next National Director of Public Prosecutions. The B Xulu and Partners Incorporated (BXI) has filed an urgent court application to halt the appointment of the next National Director of Public Prosecutions (NDPP), arguing that serious procedural flaws undermined the fairness and transparency of the selection process. The move comes after President Cyril Ramaphosa appointedAdvocate Andy Mothibi, head of the Special Investigating Unit (SIU), as the country’s new NDPP on Tuesday, January 6.
Mothibi is set to assume office on February 1, 2026. The appointment follows an advisory panel’s review, which concluded that none of the interviewed candidates were suitable. This highlighted the challenge of replacing outgoing NDPP Advocate Shamila Batohi. In a statement on Tuesday, Barnabas Xulu -the long time counsel for former Western Cape judge president and now MK Party deputy president, John Hlophe – said his firm seeks an interim interdict “to ensure that all material facts are placed before the President prior to the appointment of the next NDPP.”
