Attorney Barnabas Xulu has withdrawn a legal case which sought to set aside the appointment of Andy Mothibi as the head of the National Prosecuting Authority (NPA).
Xulu filed a notice of withdrawal of the litigation against President Cyril Ramaphosa at the high court in Pretoria this week. He had wanted the court to declare Ramaphosa’s decision to appoint Mothibi as unlawful.
Mothibi started his tenure on February 1, and a judgement overturning his appointment would have left the NPA leadership in limbo.
The withdrawal of the case marks a second time the attorney withdrew an application contesting the appointment procedure of the national director of public prosecutions (NDPP) taking over from Shamila Batohi.
Xulu previously withdrew the application seeking to interdict Ramaphosa from appointing an NDPP based on recommendations of the advisory panel, which interviewed candidates.
Ramaphosa appointed Mothibi after the panel, which comprised of justice minister Mmamoloko Kubayi, did not recommend any of the six candidates it interviewed for the top position.
Those who were in the race for the position included former NPA head Menzi Simelane; Independent Directorate Against Corruption (Idac) head Andrea Johnson; former Investigating Directorate head Hermione Cronje; and advocates Nicolette Bell, Adrian Mopp and Xolisile Khanyile.
The initial litigation was based mainly on Xulu’s firm challenging Cronje’s participation.
It was Xulu’s case that stated that the process followed by the panel was unlawful, which, he argued, renders Ramaphosa’s appointment unlawful on procedural grounds.
“Advocate Mothibi was appointed in a manner that did not subject him to the same process and criteria as other candidates who had been rendered ineligible and unsuitable by the advisory panel. The president’s differential treatment of advocates in a process for the same appointment is unlawful,” Xulu’s papers read.
The withdrawal was done before Ramaphosa filed his answering affidavit.
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.