By Lehlohonolo Lehana.
The National Prosecuting Authority offices in Pretoria. (Picture: Michel Bega).
The appointment of Advocate Andy Mothibi as the new National Director of Public Prosecutions (NDPP) has unleashed a storm of criticism over both the choice of candidate and the process followed to appoint him.
Mothibi was not among the six candidates shortlisted by the advisory panel for public interviews.
He replaces, Shamila Batohi, who retires end of January after a term in which she has had to reform the institution gutted by State Capture and neutered by the former president Jacob Zuma, who understood that to stay out of jail he needed a pliant NDPP.
Batohi is slated to be the first NDPP ever to leave without being removed, retiring based on age, not years of service.
The head of the NPA is at the forefront of seeking accountability in the country, and it is imperative that the appointed candidate undertakes this task without fear or favour, is committed to the highest ethical standards, and is well placed to collaborate with law enforcement stakeholders across the spectrum.
The seven‑person advisory panel that conducted the public interviews and eventually deemed the shortlisted candidates unsuitable for appointment featured several high‑profile figures from South Africa’s constitutional and legal institutions. These included Andrew Christoffel Nissen, chairperson of the South African Human Rights Commission, Auditor‑General Tsakani Maluleke, and BLA president Nkosana Mvundlela.
President Cyril Ramaphosa’s office said he will not release the panel report because that report was not intended “to potentially malign individuals”.
However, Democratic Alliance (DA) MP Glynnis Breytenbach does not accept that position.
She is adamant her party will seek to obtain the report through an application in terms of the Promotion of Access to Information Act (PAIA).
At the age of 62, Mothibi, whom Ramaphosa appointed, will spend only three years in the job before he is required to retire.
Breytenbach added that Ramaphosa cannot exercise such sweeping constitutional powers behind a veil of secrecy. This report goes to the heart of whether the NDPP appointment process was lawful, rational, and fair. South Africans are entitled to see it.
Mothibi began his career as a public prosecutor in the Johannesburg and Soweto magistrate’s and regional courts. He also served as a magistrate in the Johannesburg and Soweto magistrate’s courts.
He has previously served in various public and private sector roles managing legal, compliance and risk management operations, including at SARS as Head of Corporate Legal Services and Head of Governance.