By Lebone Rodah Mosima
The Economic Freedom Fighters said on Wednesday that incoming prosecutions chief Advocate Andy Mothibi must show “through action alone” that the National Prosecuting Authority (NPA) will act independently.
“Cases, regardless of who may be involved, or their political exposure, must be prioritised and prosecuted without fear, favour or political consideration,” the party said in a statement.
President Cyril Ramaphosa announced on Tuesday that Mothibi, the head of the Special Investigating Unit (SIU), would become National Director of Public Prosecutions (NDPP) from 1 February, after an advisory panel found that none of the interviewed candidates were suitable for the post.
The EFF said Mothibi’s SIU role should not be treated as an endorsement. His tenure should be judged on “fair, effective and just prosecutions,” it said.
Mothibi will take over from Advocate Shamila Batohi, who has been criticised for slow progress in high-profile corruption prosecutions.
Batohi has also been under scrutiny at the presidential enquiry chaired by retired Justice Bess Nkabinde into allegations involving suspended South Gauteng director of public prosecutions Andrew Chauke. She walked out of the proceedings in December after refusing to continue testifying under cross-examination.
“Advocate Mothibi assumes office at a time when the NPA has been hollowed out by the failed leadership of Advocate Shamila Batohi. Under her tenure, the NPA became synonymous with incompetence, indecision and collapse,” the EFF said.
“Serious criminal cases were routinely struck off the roll, withdrawn or abandoned, entrenching a culture of impunity. Her performance before the Nkabinde [inquiry] further exposed a lack of control and seriousness expected of a seasoned NDPP, while criminals operated with confidence, knowing that prosecution in South Africa had become weak, inconsistent and unreliable,” it said.
The EFF also criticised the appointment process, saying: “This unique instance where the panel saw no one fit among those they interviewed to be an NDPP, presents another concerning legislative loophole that gives undue discretion to the Executive, which requires attention.”
It called for stability at the SIU, warning against “leadership gaps or political interference”.
“The appointment of a capable and independent successor at the SIU must be prioritised without delay to ensure continuity in investigations and to prevent further erosion of the state’s capacity to combat crime.”
“South Africans do not want explanations, distancing statements or asset seizures without arrests. They demand criminal prosecutions, convictions and an end to impunity. The EFF will judge this tenure solely on outcomes, not promises.”
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