The chairperson of Parliament’s Portfolio Committee on Justice and Constitutional Development, Xola Nqola, has praised the appointment of Advocate Andy Mothibi as the new National Director of Public Prosecutions (NDPP), saying his track record as head of the Special Investigating Unit (SIU) speaks for itself.
President Cyril Ramaphosa appointed Mothibi on Tuesday as the new boss of the NDPP.
However, the move surprised many as he was not among the candidates interviewed during the formal selection process.
Nqola said the appointment comes at a critical time, with the strengthening of the criminal justice system central to restoring public confidence in the state’s ability to ensure accountability, uphold the rule of law, and combat corruption.
“The NDPP plays an essential role in ensuring that the prosecuting authority operates independently, without fear, favour or prejudice,” Nqola said.
“We trust that the newly appointed NDPP will prioritise efficiency, integrity and transparency in leading the National Prosecuting Authority.”
He said Ramaphosa exercised his prerogative under section 179(1)(a) of the Constitution of the Republic of South Africa, read with the National Prosecuting Authority Act of 1998, which empowers the president to appoint the NDPP and take steps to strengthen institutions tasked with combating corruption and maladministration.
Nqola said the committee acknowledged the president’s use of his executive authority and described the appointment as an important step towards enhancing prosecutorial capacity and stability within the NPA.
“The committee further emphasises that the NDPP must continue building institutional credibility, strengthen prosecutorial effectiveness, and ensure that high-priority cases, including corruption and serious organised crime, are handled decisively,” he said.
Nqola reaffirmed Parliament’s commitment to exercising oversight over the justice sector to ensure that legal and constitutional mandates are fulfilled in the public interest.
“Adv Mothibi’s reputation and successes as head of the SIU speak for themselves,” he said.
“The committee takes comfort in the fact that he has shown exceptional leadership skills. We will, however, continue to conduct vigorous oversight over his work and that of the NPA.”
He said the committee looked forward to working with the new NDPP and justice system leadership to advance accountability, justice and constitutional democracy.
Nqola also acknowledged that Ramaphosa had appointed Leonard Lekgetho as acting head of the SIU following Mothibi’s departure.
Lekgetho is currently the SIU’s chief operations officer.
“We will continue with our mandate to provide oversight over the SIU and monitor the work of the organisation under its acting head,” Nqola said.
Meanwhile, on Wednesday, outgoing NDPP Advocate Shamila Batohi has voiced her support for Mothibi’s appointment, saying she has full confidence in his leadership.
Batohi congratulated Mothibi on his appointment, describing it as timely as the NPA continues efforts to rebuild, strengthen institutional integrity and advance justice.
“Adv Mothibi is a person of integrity, who comes with a strong track record and who understands what it means to fight for the rule of law in this country,” Batohi said.
She said that, as head of the SIU and a key stakeholder in law enforcement, Mothibi is familiar with the work of the NPA and the broader criminal justice system.
“I have every confidence that Adv Mothibi will take the NPA to greater heights,” she said.
Batohi said the NPA has compiled a comprehensive handover report to ensure a smooth transition.
The report will be shared with Ramaphosa, Justice Minister Mmamoloko Kubayi, Nqola and Mothibi.
She said the report outlines progress on strategic initiatives and identifies key risks, opportunities and outstanding work in the ongoing process of rebuilding and reform.
“We are also scheduling a programme of briefings for Adv Mothibi before he assumes duty on February 1,” Batohi said.
“The fight for justice remains ongoing. There is much to be done, and I have no doubt that, with Adv Mothibi at the helm, the staff of the NPA will remain resolute in advancing justice and the rule of law.”
On Wednesday, Ramaphosa defended his decision, saying he exercised his constitutional powers after the advisory panel informed him that none of the interviewed candidates were suitable for the position.
In November, Ramaphosa appointed a seven-member advisory panel to oversee what he described as an open and transparent process to identify Batohi’s successor.
The panel shortlisted candidates from about 18 applications and conducted interviews, but later reported that none met the required threshold.
Speaking to journalists on the sidelines of the ANC’s January 8 celebrations in North West province, Ramaphosa said urgency and the importance of the office drove his decision.
“The law says the president can appoint whomever he wants,” Ramaphosa said.
“Because of the importance of the position, I wanted the public to have insight into the kind of person we need. But in the end, the panel advised that none of the candidates were suitable, and time was not on our side.”
Ramaphosa praised Mothibi as an experienced figure within the criminal justice system, citing his leadership credentials, work ethic and record of delivery.
“I have appointed a known figure who has distinguished himself and demonstrated his ability. I am hopeful this decision will be accepted for what it is,” he said.
He acknowledged concerns about the appointment process and said he would support reforms to make future selections more transparent.
“In time, we would want the law or the Constitution to be amended to allow for an even more open process,” Ramaphosa said.
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