Neelam Rahim | neelam@radioislam.co.za
3-minute read

📷 Andy Mothibi, newly appointed NDPP, following President Cyril Ramaphosa’s surprise announcement that has raised questions around the appointment process.

President Cyril Ramaphosa’s late-night announcement appointing Special Investigating Unit (SIU) head Andy Mothibi as South Africa’s new National Director of Public Prosecutions (NDPP) has sparked widespread debate and concern, particularly around the integrity of the appointment process.

Mothibi, who was neither shortlisted nor interviewed during the recent NDPP selection process, will replace Advocate Shamila Batohi, who retires at the end of the month. In a media statement issued late last night, the President said the advisory panel had concluded that none of the six shortlisted candidates were suitable for the role.

The unexpected decision has drawn criticism from civil society, with questions raised about transparency, fairness and the risk of perceived political bias. Speaking to Radio Islam International, Nicole Fritz, Executive Director of the Campaign for Free Expression, said she was “surprised” by both the panel’s conclusion and the President’s subsequent appointment.

“It was surprising that the panel came to the decision that none of the candidates were suitable, and then surprising that the President appointed Advocate Mothibi, who had not been part of the process,” Fritz said.

While acknowledging Mothibi’s strong track record, Fritz noted that the SIU under his leadership had “done stellar work over the last couple of years,” adding that everything in the public record suggests he has established “a centre of excellence within our criminal justice sector”.

She cautioned, however, that the manner of the appointment could undermine public confidence. “To be fair to him, to the National Prosecuting Authority and to the public generally, he deserves a process of appointment that doesn’t allow for perceptions of partisanship and bias,” Fritz said.

Fritz emphasised that although the Constitution grants the President exclusive authority to appoint the NDPP, such power must still be exercised rationally. “The President chose a process that involved public scrutiny and testing of candidates’ fitness. That process was applied to six candidates who were deemed unsuitable, but not to the person ultimately appointed,” she said.

She stressed that her criticism was not a reflection on Mothibi’s competence. “This is not to detract from or suggest that Advocate Mothibi is not fit to be NDPP. The concern is the integrity of the process,” Fritz added.

The appointment comes amid heightened scrutiny of South Africa’s criminal justice system, with the Madlanga Commission and an Ad Hoc Parliamentary Committee probing allegations of criminal syndicate infiltration aided by political actors.

Fritz said these challenges make it “especially important that the person who takes the helm of the NPA does so through a process that allows for integrity and public trust”.

While the appointment may face criticism, it remains unclear whether it will be legally challenged. Mothibi now steps into one of the country’s most critical legal roles, facing both institutional challenges and questions that may have been avoided through a more transparent appointment process.

Listen to the full interview on Your World Today with Moulana Ibrahim Daya and Nicole Fritz.