President Cyril Ramaphosa has appointed Advocate Andy Mothibi as the new National Director of Public Prosecutions (NDPP), effective from 1 February, despite Mothibi not having been among the six candidates initially interviewed for the position.
The sudden appointment comes after a comprehensive selection process overseen by a high-profile advisory panel led by Justice Minister Mmamoloko Kubayi. The panel, which included senior officials from key constitutional institutions, interviewed six candidates selected from 32 applicants before concluding that none met the requirements for the crucial position in South Africa’s criminal justice system.
The advisory panel, established by Ramaphosa to ensure transparency in the selection process, included Chairpersons of the Human Rights Commission, Commission for Gender Equality, and Public Service Commission, as well as the Auditor-General and presidents of prominent legal associations.
After completing its work, the panel submitted its report to the President on 12 December, advising that the interviewed candidates were unsuitable for the NDPP role. However, Ramaphosa proceeded with the appointment under his constitutional authority as outlined in section 179(1)(a) of the Constitution.
Advocate Mothibi, currently serving as Head of the Special Investigating Unit (SIU), brings decades of legal experience to the position. His career began as a Public Prosecutor in Johannesburg and Soweto Magistrates and Regional Courts, and he later served as a Magistrate in the same courts.
His professional journey has spanned both public and private sectors, with notable roles including Head of Corporate Legal Services and Head of Governance at the South African Revenue Service (SARS), where he managed legal, compliance, and risk management operations.
The appointment creates a vacancy at the SIU, which Ramaphosa has filled by naming Leonard Lekgetho as Acting Head of the Special Investigating Unit.
Lekgetho, currently the SIU’s Chief Operations Officer, brings over two decades of forensic investigation experience, including service with the now-defunct Directorate of Special Operations, commonly known as the Scorpions.
In announcing the appointment, Ramaphosa thanked outgoing NDPP Advocate Shamila Batohi for her service and contribution to the country’s prosecutions agency. Batohi has led the National Prosecuting Authority through a period of significant challenges and reforms.
The NDPP position is considered one of the most important in South Africa’s criminal justice system, responsible for overseeing the country’s prosecutorial authority and ensuring the effective prosecution of crimes. The appointment comes at a time when the NPA continues to handle high-profile corruption cases and works to restore public confidence in the prosecuting authority.
The new appointment will be closely watched by legal observers and civil society organisations as Mothibi takes on the challenging task of leading the National Prosecuting Authority in its mandate to serve justice for all South Africans.
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