The appointment of Andy Mothibi as national director of public prosecutions (NDPP) has sparked mixed political reaction, with parties questioning the process, timing and impact on the National Prosecuting Authority (NPA).
While President Cyril Ramaphosa exercised his constitutional discretion under section 179 of the constitution and section 10 of the NPA Act to appoint Mothibi — after an advisory panel rejected all six shortlisted candidates — the focus has quickly shifted to how political actors interpret the decision and what it signals for the prosecuting authority’s future.
The presidency said the panel, chaired by justice minister Mmamoloko Kubayi, submitted its report on December 12 and advised that none of the interviewed candidates was suitable.
“Accordingly, President Cyril Ramaphosa has decided to appoint advocate Jan Lekgoa [Andy] Mothibi, with effect from February 1, as the national director of public prosecutions,” the presidency said.
The appointment therefore rests on the president’s constitutional discretion if an advisory process does not produce a recommended candidate.
Mothibi has led the SIU since May 2016, following earlier roles as a prosecutor and magistrate in Joburg and Soweto and senior governance posts at the finance department, the SA Revenue Service, SAA, Nedbank, Standard Bank and AfroCentric Health. His career has centred on enterprise risk, governance and forensic capability.
At the SIU he introduced a turnaround strategy focused on performance, governance and partnerships. Under his leadership the unit delivered major recoveries and prevented losses, expanded the use of data analytics and the Special Tribunal, and pursued high‑profile investigations into procurement irregularities.
In 2023/24 the SIU reported R8bn in savings for the state, including R2.28bn in cash recoveries and R2.32bn in losses prevented.
In 2025 it clawed back R4bn, with the Special Tribunal setting aside irregular contracts to the value of more than R2.13bn. These outcomes included probes at Eskom, Transnet, Passenger Rail Agency of SA (Prassa), the National Student Financial Scheme and spending at Tembisa Hospital, resulting in billions in asset preservations, referrals for prosecution and disciplinary action.
The North-West University has publicly congratulated him and noted his 2021 alumni excellence award for public service.
Mothibi’s challenge will be to translate the SIU’s record of recoveries and contract cancellations into prosecutorial effectiveness, ensure referrals result in timely prosecutions and embed governance practices that strengthen the rule of law
“Under his leadership, the SIU has become a crucial institution in dealing with corruption in our country and ensuring resources benefit South Africans,“ the university said.
The president has appointed Leonard Lekgetho, the SIU’s COO, as acting head of the SIU from February 1. Lekgetho’s background includes more than two decades in forensic investigations and service in the former Directorate of Special Operations (the Scorpions), which the presidency cited as providing operational continuity for the SIU’s mandate.
Parliament’s portfolio committee on justice and constitutional development welcomed the appointment while reiterating its oversight role.
Read: EDITORIAL: Andy Mothibi a good choice for NDPP
Committee chair Xola Nqola said the NDPP must ensure the prosecuting authority operates “independently, without fear, favour or prejudice”, and signalled that prosecutorial effectiveness and institutional credibility will remain under parliamentary scrutiny.
Civil society and legal commentators have raised procedural concerns about the selection process.
Writing in Business Day, Nicole Fritz argued that the advisory panel lacked prosecutorial expertise and urged publication of the panel’s report to enable public scrutiny. She warned a single appointment cannot, on its own, resolve systemic weaknesses in the NPA.
The panel’s report has not been released publicly, a fact commentators said limits transparency about the criteria used to reject the six interviewed candidates, who included Andrea Johnson and Hermione Cronje.
Corruption Watch noted the surprise announcement of Mothibi’s appointment, saying that while he brings extensive experience from leading the SIU since 2016, it would have been preferable for him to undergo the same interview process as the other candidates.
The organisation welcomed his track record but stressed the need for greater transparency, merit‑based criteria and public participation in appointments to key anticorruption institutions.
Political parties reacted strongly to the appointment. The MK party called it “pre‑orchestrated”, alleging links to SIU findings at Tembisa Hospital and dismissing the panel process as a “smoke screen”.
The EFF said the NPA was left “hollowed out” under outgoing NDPP Shamila Batohi and warned that “South Africans want prosecutions, convictions and an end to impunity”, insisting Mothibi must prove his independence through results.
The ACDP questioned why he was not subjected to the panel interviews, asking, “If the president intended to appoint directly, what was the purpose of the panel?”
ActionSA welcomed the appointment but cautioned that his short tenure and the president’s unilateral decision underscored the need for reform and stronger oversight of how NDPPs are chosen.
In the government of national unity (GNU), the DA offered cautious support, citing his experience but raising concern about his age and the flawed process, urging urgent attention to deputy NDPP vacancies.
The IFP welcomed the appointment, praising his integrity and SIU track record, saying his “resolute commitment to the rule of law” makes him well suited to lead the NPA.
Rise Mzansi endorsed his professionalism but said that systemic underresourcing means no single leader can fix the institution.
The appointment secures leadership continuity while prosecutorial capacity is central to addressing corruption and organised crime.
Batohi was appointed in 2018 through an open, transparent process that included public interviews and broad scrutiny, a method intended to build confidence in the NPA.
By contrast, Mothibi’s appointment was made directly by the president after the advisory panel declined to recommend any candidate, underscoring the executive’s constitutional discretion in the absence of a shortlist.
During Batohi’s tenure, the NPA struggled with resource shortages, internal division and slow progress on state capture prosecutions despite extensive referrals from the Zondo commission.
High‑profile failures, including collapsed cases such as Tim Omotoso’s trial, eroded public trust and cast doubt on the NPA’s ability to deliver justice. Batohi acknowledged to parliament that salaries and resourcing at the NPA were inadequate compared with the SIU, contributing to persistent capacity constraints.
The Council for the Advancement of the South African Constitution described the appointment as unexpected. Executive secretary Lawson Naidoo welcomed Mothibi as a “seasoned operator in the criminal justice system” with a track record that could help restore public confidence in the NPA.
However, he added, “It would have been preferable for the president to ask the panel to reconsider or conduct additional interviews before making the appointment,” highlighting questions about transparency in selecting the country’s top prosecutor.
Mothibi’s challenge will be to translate the SIU’s record of recoveries and contract cancellations into prosecutorial effectiveness, ensure referrals result in timely prosecutions and embed governance practices that strengthen the rule of law.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.