Ramaphosa appoints Advocate Andy Mothibi as new prosecutions boss

President Cyril Ramaphosa has appointed Advocate Andy Mothibi as South Africa’s new National Director of Public Prosecutions (NDPP). Mothibi, who currently heads the Special Investigating Unit (SIU), will assume office on 1 February 2026.

The decision follows an extensive and transparent selection process led by an advisory panel tasked with recommending suitable candidates. However, the panel ultimately found that none of the interviewees were suitable for the position—highlighting the difficulty in finding a replacement for outgoing NDPP Advocate Shamila Batohi.

Advocate Mothibi brings decades of legal experience, having served as a public prosecutor, magistrate, and senior legal executive.

He began his career as a public prosecutor in the Johannesburg and Soweto magistrates’ and regional courts, later becoming a magistrate in those same courts. His public and private sector experience includes serving at the South African Revenue Service (SARS) as head of corporate legal services and governance.

President Ramaphosa thanked Advocate Batohi for her service, noting the significant challenges she faced in leading the National Prosecuting Authority (NPA). Her departure signals the end of a pivotal era for the NPA, while Mothibi’s appointment marks the beginning of a new chapter in public prosecutions.

Before her departure, Batohi gave testimony at the Nkabinde inquiry, and her conduct sparked serious concerns about the integrity of the NPA.

The enquiry is examining whether suspended Gauteng Director of Public Prosecutions Andrew Chauke is fit to hold office.

During the hearings in December, Batohi walked out of the inquiry without informing anyone, which led to the commission summoning her back and sparking a tense exchange between her and the leader of the inquiry.

Her dramatic walkout came after her public stature as the chief prosecutor of the country had taken a beating as she struggled to answer questions under intense cross-examination. She abandoned the commission, arguing that she needed to consult with her lawyers.

However, Chauke's legal representative, advocate Tembeka Ngcukaitobi, criticised Batohi's sudden exit, cautioning that witnesses leaving formal inquiries previously led to serious legal consequences.

Furthermore, Ncqukaitobi said his team does not believe Batohi has a right to return to the inquiry.  

Following Batohi's chaotic exit, the inquiry was adjourned and is expected to resume in January 2026.

sinenhlanhla.masilela@iol.co.za

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