Andy Mothibi's NDPP appointment: MK Party, EFF, DA and IFP weigh in on surprise move
There has been mixed reaction from political parties to the appointment of Special Investigating Unit head Andy Mothibi as the National Director of Public Prosecutions.
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Political parties have weighed in on the surprise announcement of Advocate Andy Mothibi as the new national director of public prosecutions (NDPP).
Mothibi, who is currently the head of the Special Investigating Unit (SIU), will take up the post on February 1, the Presidency announced on Tuesday night.
Mothibi will take up the NDPP position as Shamila Batohi will retire later this month. Interestingly, Mothibi's appointment came as a surprise as he was not among the candidates interviewed by an advisory panel for the position.
According to the presidency statement, the advisory panel had concluded after those interviews that none of the candidates were suitable for the position. They included current and former senior prosecutors in the National Prosecuting Authority (NPA).
Mothibi, whose full name is Jan Lekgoa Mothibi, began his career as a Public Prosecutor in the Johannesburg and Soweto Magistrates and Regional Courts. He also served as a Magistrate in the Johannesburg and Soweto Magistrates Courts.
The DA cautiously welcomed Mothibi’s selection, acknowledging his experience as head of the SIU, a former prosecutor, and magistrate.
“Mothibi is well-suited to lead the National Prosecuting Authority,” said DA Justice and Constitutional Development spokesperson Advocate Glynnis Breytenbach MP.
The party, however, expressed concern about Mothibi’s age, noting that at 63, he “has an extremely limited opportunity to make any impact at all, and will have his work cut out for him.”
Breytenbach also criticised the process used to appoint the new NDPP, highlighting serious deficiencies.
“It comes as no surprise that the panel tasked with finding Shamila Batohi’s replacement 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.”
The DA further condemned the president’s handling of the process. “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.”
Breytenbach emphasised the urgent need to fill other critical positions within the NPA. “Adv Mothibi assumes this position at a time when the positions of the Deputy National Directors are also vacant, a problem that needs urgent attention. It is crucial that there is long-term consequence management developed at the top level in the NPA.”
The DA concluded with cautious optimism, saying, “We hope that Adv. Mothibi’s appointment hails a successful era for the NPA—an era where state capture cases are finally prosecuted and crime is met with the full force of the law.”
The uMkhonto weSizwe Party (MK Party), in contrast, framed Mothibi’s appointment as politically motivated.
The party drew attention to Mothibi’s tenure as head of the SIU, during which he reportedly found prima facie evidence implicating President Cyril 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,” the party said in a statement.
The MK Party called on Mothibi to act swiftly on these findings. “Upon assuming office at the beginning of February, [Adv. Mothibi] must act decisively and without delay by ensuring the immediate arrest and prosecution of Mr Hangwani Maumela, in line with the evidence already presented.”
The party also criticised the broader appointment process, calling it a “smoke screen” and a “red herring” designed to mislead the public while concealing the president’s predetermined intention.
The Economic Freedom Fighters (EFF) similarly voiced concerns about both the process and the urgent need for decisive action. The party described the NPA as having been “hollowed out by the failed leadership of Advocate Shamila Batohi” stating that under her tenure, “serious criminal cases were routinely struck off the roll, withdrawn or abandoned, entrenching a culture of impunity.”
While acknowledging Mothibi’s SIU experience, the EFF emphasised that this should not be taken as endorsement: “It should be on the basis of fair, effective and just prosecutions that his tenure should be judged.”
The party also warned against political interference at the SIU, urging that “the appointment of a capable and independent successor at the SIU must be prioritised without delay to ensure continuity in investigations.”
The EFF also criticised the NDPP appointment process, highlighting a legislative loophole that allows the Executive undue discretion. “This unique instance where the panel saw no one fit among those they interviewed to be an NDPP presents another concerning legislative loophole that gives undue discretion to the Executive, which requires attention,” the party said.
The EFF concluded with a stern warning to Mothibi: “Advocate Mothibi must now prove, through action alone, that the National Prosecuting Authority will function independently and decisively. Cases, regardless of who may be involved, or their political exposure, must be prioritised and prosecuted without fear, favour or political consideration.”
The IFP welcomed Mothibi's appointment as the new NDPP.
“We believe that Advocate Mothibi is the right person for this critical responsibility at a time when South Africa requires firm, principled, and capable leadership within the National Prosecuting Authority.
“Advocate Mothibi’s 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 party said.