President Cyril Ramaphosa’s appointment of Special Investigating Unit (SIU) head Andy Mothibi as the new NPA boss has been met with mixed reactions by political parties.
Ramaphosa announced on Tuesday that Mothibi will take over from Shamila Batohi, who is retiring at the end of January.
Parliament’s portfolio committee on justice and constitutional development welcomed Mothibi’s appointment.
Committee chair, the ANC’s Xola Nqola, said the appointment comes at a critical time when the strengthening of the criminal justice system remains central to restoring public confidence in the state’s capacity to ensure accountability, uphold the rule of law and combat corruption.
“The National Director of Public Prosecutions (NDPP) plays an essential role in ensuring that the prosecuting authority operates independently, without fear, favour or prejudice. We trust that the newly appointed NDPP will prioritise efficiency, integrity, and transparency in leading the National Prosecuting Authority.”
Nqola defended Ramaphosa’s decision to appoint a candidate outside of the interview process, citing his constitutional and legislative powers.
“We acknowledge the president’s exercise of his executive authority in making this appointment and reiterate that this is an important step toward enhancing prosecutorial capacity and stability within the NPA,” he said.
Nqola further emphasised that the NDPP should continue building institutional credibility, strengthen prosecutorial effectiveness, and ensure that high-priority cases, including corruption and serious organised crime, are handled decisively.
The DA congratulated Mothibi on his appointment, calling for his new post to translate into better management of the NPA, more prosecutions and a reduction in crime.
“His appointment comes at a time when the NPA faces many difficulties. Criminality has taken hold of the country, and the NPA needs a leader who will recapacitate the hollowed-out institution and reform the prosecutorial service into a crime-fighting machine,” said Glynnis Breytenbach, DA spokesperson on justice.
Breytenbach said while Mothibi was well-suited to lead the NPA due to his experience as a former prosecutor and magistrate, a major stumbling block is his age.
“At 63 years of age, he has an extremely limited opportunity to make any impact at all and will have his work cut out for him. It is somewhat concerning that the president has seen fit to appoint someone of Mr Mothibi’s age, given the serious and systemic issues currently within the NPA. The job itself is a much bigger one than that of the head of the SIU.”
The NPA Act indicates that the NDPP must retire at 65.
Slandering it as incompetent, Breytenbach said it came as no surprise that the panel tasked with replacing Batohi was unable to make a recommendation.
“The panel lacked any form of prosecution experience. It was devoid of criminal justice experts, and its inclusion of disgraced former NPA boss Menzi Simelane showed just how incapable the panel was.”
Breytenbach slammed Ramaphosa’s handling of the process of finding a new NDPP as being appalling.
“The president unnecessarily delayed the process for months, and when he finally initiated the process after sustained DA-led pressure, it had to be rushed due to time constraints. There is no doubt that this is a major reason why the ill-suited panel was unable to fulfil its mandate.”
Umkhonto weSizwe (MK) Party spokesperson Nhlamulo Ndhlela said it was of grave concern that the timing of this appointment coincided with Mothibi’s findings against Ramaphosa’s nephew Hangwani Maumela in the Tembisa Hospital corruption scandal.
“The MK Party firmly believes that Mr Cyril Ramaphosa’s decision to appoint Adv Mothibi as NDPP is intended to shield his nephew from imminent arrest and prosecution.”
To this effect, the MK Party petitioned Mothibi to act decisively and without delay by ensuring that Maumela is immediately arrested and prosecuted according to the evidence already presented.
The party further argued against the appointment of leaders of key constitutional institutions lying solely within the discretionary powers of the president, calling for direct public participation.
“As such, there must be a comprehensive review of the President’s appointment powers. The MK Party believes that appointments to these critical institutions should involve direct public participation, including consideration of public voting mechanisms, to ensure that such decisions reflect the will of the people rather than the interests of a single individual.”
The opposition party dismissed the appointment of an interview panel chaired by the minister of justice and constitutional development as nothing but a smokescreen.
“This process amounted to fruitless and wasteful expenditure and served as a red herring designed to mislead the public, while concealing the president’s predetermined intention to appoint Adv Mothibi over many other capable and qualified Black legal professionals.”
Meanwhile, the EFF noted the appointment with caution, considering that it occurred at a time when the NPA has reportedly been “hollowed out by the failed leadership of Batohi.”
The party pointed fingers at Batohi, saying that the NPA has become synonymous with incompetence, indecision and collapse.
EFF spokesperson Sinawo Thambo alleged that serious criminal cases were routinely struck off the roll, withdrawn or abandoned, entrenching a culture of impunity.
“Her performance before the Nkabinde Commission further exposed a lack of control and seriousness expected of a seasoned NDPP, while criminals operated with confidence, knowing that prosecution in South Africa had become weak, inconsistent and unreliable,” he said.
Despite noting that Mothibi has SIU experience, the party insists that this historical fact should not amount to endorsement or confirmation.
“It should be on the basis of fair, effective and just prosecutions that his tenure should be judged. The SIU remains a critical institution in the fight against corruption and must not be destabilised by leadership gaps or political interference. The appointment of a capable and independent successor at the SIU must be prioritised without delay to ensure continuity in investigations and to prevent further erosion of the state’s capacity to combat crime.”
The Inkatha Freedom Party (IFP) welcomed the appointment of Mothibi, calling him the right person for this critical responsibility at a time when South Africa requires firm, principled and capable leadership within the NPA.
IFP spokesperson Mkhuleko Hlongwa sang Mothibi’s praises, saying that his track record speaks for itself.
“Throughout his career, he has demonstrated integrity, independence and a resolute commitment to the rule of law. His experience in combating corruption, strengthening accountability and restoring public confidence in key institutions makes him well suited to lead the NPA at this pivotal moment in our democracy.”
The IFP commended the advisory panel for its work undertaken in the process.
“We commend the panel for its frank and honest assessment of the candidates and for upholding the highest standards of integrity. Its conclusion that none of the interviewees were suitable reflected a commitment to principle over expediency and set an important benchmark for future appointments to senior positions in the criminal justice system.”
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