New NPA head Andy Mothibi faces legal challenge over appointment

The newly appointed National Director of Public Prosecutions (NDPP), Advocate Andy Mothibi, has faced an immediate legal hurdle after a court application was filed challenging his appointment on his first day in office.

Mothibi was appointed in January, he replaces Shamila Batohi, who has concluded her seven-year term.

Law firm B. Xulu and Partners Incorporated has approached the Pretoria High Court, seeking an order declaring President Cyril Ramaphosa’s decision to appoint Mothibi as head of the National Prosecuting Authority (NPA) unlawful.

According to court papers, the applicants are asking the court to review and set aside the President’s decision, arguing that the process leading to Mothibi’s appointment was flawed. They are also seeking access to the full record of proceedings of the advisory panel that recommended Mothibi, as well as the record of the President’s decision-making process.

While the applicants have withdrawn an earlier urgent application, they maintain that the matter has merit and should proceed on its original and supplementary grounds. The challenge raises questions about the legality and transparency of the appointment process for the country’s top prosecuting authority.

The Presidency and the NPA have not yet responded to the application.