By Johnathan Paoli
Advocate Andy Mothibi, the current head of the Special Investigating Unit (SIU), has been appointed South Africa’s new National Director of Public Prosecutions (NDPP) with effect from 1 February, the Presidency announced on Tuesday evening.
Mothibi replaces outgoing NDPP Advocate Shamila Batohi.
Presidential spokesperson Vincent Magwenya said President Cyril Ramaphosa made the appointment in terms of section 179(1)(a) of the Constitution, read together with section 10 of the National Prosecuting Authority (NPA) Act of 1998.
The appointment follows the conclusion of an open and transparent recruitment process overseen by an advisory panel established by the President, which ultimately found that none of the shortlisted candidates were suitable for the position.
Magwenya said that, given the central role of the NDPP in South Africa’s criminal justice system, Ramaphosa constituted the advisory panel to strengthen the credibility and integrity of the appointment process.
The panel was chaired by Justice and Constitutional Development Minister Mmamoloko Kubayi and included senior constitutional office bearers and leaders from the legal sector.
Its members included South African Human Rights Commission chairperson Andrew Christoffel Nissen; Commission for Gender Equality chairperson Nthabiseng Sepanya-Mogale; Auditor-General Tsakani Maluleke; Public Service Commission chairperson Professor Somadoda Fikeni; Black Lawyers Association president Nkosana Mvundlela; and National Association of Democratic Lawyers president Machini Motloung.
From 32 applications received, the panel shortlisted six candidates for interviews.
After completing its work, the panel submitted its final report to the President on 12 December last year, advising that none of the interviewed candidates met the requirements for appointment as NDPP.
Mothibi began his legal career as a public prosecutor in the Johannesburg and Soweto magistrates’ and regional courts, before being appointed as a magistrate in the same jurisdictions.
He later held senior management positions in both the public and private sectors, overseeing legal, compliance and risk management functions.
He also served at the South African Revenue Service (SARS) as Head of Corporate Legal Services and Head of Governance during a period of significant organisational reform.
At the SIU, Mothibi has led investigations into corruption and maladministration across several state institutions.
Ramaphosa also paid tribute to Batohi, thanking her for her service and contribution to the NPA, and wishing her well in her future endeavours.
Batohi’s tenure was marked by efforts to rebuild the prosecuting authority after years of institutional damage linked to state capture.
The President also thanked the advisory panel members for “their counsel and for carrying their task judiciously” throughout the selection process.
The appointment comes amid a pending court challenge to the NDPP selection process. Law firm B Xulu and Partners has filed an urgent application in the Gauteng High Court in Pretoria seeking to interdict the President from making the appointment, alleging that the advisory panel acted unlawfully and with bias.
The firm claims the panel failed to properly consider a formal objection to Advocate Hermione Cronje’s candidacy, including allegations of unlawful information peddling during her tenure at the NPA’s Investigating Directorate.
Following Mothibi’s appointment, Magwenya confirmed that Ramaphosa has appointed Leonard Lekgetho as Acting Head of the SIU with effect from the same date, in terms of section 3(1)(b) of the Special Investigating Units and Special Tribunals Act of 1996.
Lekgetho, currently the SIU’s Chief Operations Officer, has more than 22 years’ experience in forensic investigations, including service in the former Directorate of Special Operations, widely known as the Scorpions.
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