Advocate Andy Mothibi’s first day as head of the National Prosecuting Authority was marked by a legal bid to overturn his appointment by President Cyril Ramaphosa.
Attorney Barnabas Xulu has filed an application in the Gauteng High Court in Pretoria to have Mothibi’s appointment declared unlawful and set aside. Xulu argues that the process followed was procedurally unfair.
Ramaphosa appointed Mothibi after an advisory panel interviewed six candidates but did not recommend any of them for the position. Those interviewed included former NPA head Menzi Simelane, Independent Directorate Against Corruption head Andrea Johnson, and former Investigating Directorate head Hermione Cronje, among others.
Xulu’s initial court challenge focused on the panel’s interview process, particularly concerning Cronje’s candidacy. He withdrew that application in early January after Cronje was not appointed, but later filed an amended application targeting Mothibi’s appointment directly.
In court papers, Xulu states he does not question the president’s authority to appoint the NDPP, nor Mothibi’s suitability for the role. Instead, he contends the entire appointment process was unlawful because Mothibi was not subjected to the same interview and evaluation process as the other candidates.
Xulu argues that Ramaphosa should not have acted on the panel’s recommendations while the process was under legal challenge, and could have appointed an acting NDPP until the matter was resolved in court.
Presidency spokesperson Vincent Magwenya confirmed that the government will respond to the court papers accordingly.
Mothibi assumed the role of national director of public prosecutions following the departure of Shamila Batohi, whose term ended last week.