Public Interest SA on the Appointment of Adv Andy Mothibi as National Director of Public Prosecutions

Johannesburg, Wednesday, 7 January 2025 — Public Interest SA welcomes the appointment of Advocate Andy Mothibi as the new National Director of Public Prosecutions (NDPP), succeeding Advocate Shamila Batohi, whose term concludes at the end of January 2026.

Mothibi, who currently serves as Head of the Special Investigating Unit (SIU), brings to this role a wealth of institutional experience and a demonstrable record of ethical leadership. His tenure at the SIU has been marked by a widely acknowledged organisational turnaround, characterised by improved performance, strengthened systems and processes, and sound people management. Central to this turnaround and outstanding performance was a strategy grounded in ethical leadership, clean governance, and the cultivation of strategic partnerships — attributes that will undoubtedly serve the National Prosecuting Authority (NPA) well.

Notwithstanding Mothibi’s proven competence and integrity, his appointment has raised legitimate public concern regarding the credibility and consistency of the appointment process. This concern arises from the fact that he was neither shortlisted nor interviewed by the Advisory Panel established by President Cyril Ramaphosa to publicly assess and recommend candidates for appointment to the position of NDPP.

Members of the public, civil society, and legal commentators had reasonably anticipated that the appointment would be made from among the candidates who subjected themselves to this transparent and participatory process. The deviation from this expectation has left an understandable sense of disquiet, particularly among those who value procedural integrity and transparency in constitutional appointments.

This development raises a fundamental question: if the President had intended from the outset to exercise a direct appointment, what was the purpose of conducting an extensive public interview process that ultimately had no bearing on the final outcome? Such an approach risks conditioning South Africans to a form of performative accountability — where procedures are observed in form, but not in substance. This undermines public trust more profoundly than a forthright direct appointment would have.

The central issue, as many have correctly observed, is not one of competence but of process credibility. When processes appear to be disregarded or rendered inconsequential, institutional legitimacy is weakened, and the public is left with the reasonable perception that transparency has become ceremonial rather than meaningful.

While it may be plausibly reasonable for the Advisory Panel to conclude that none of the interviewed candidates was suitable for appointment, the very purpose of those interviews was to subject candidates’ suitability to public scrutiny. Appointing an individual in the absence of any comparable process therefore raises legitimate concerns about procedural fairness.

“I have known advocate Mothibi for a number of years and have had the privilege of working with him in a professional capacity. Based on that experience, I am confident that he is an excellent appointment for the position,” said Tebogo Khaas, chairperson of Public Interest SA.

“Advocate Mothibi brings to the role a rare combination of legal acumen, institutional leadership, and an unwavering commitment to ethical governance. In my engagements with him, he consistently demonstrated sound judgment, independence of mind, and a principled approach to complex and often sensitive matters. These qualities, coupled with his proven ability to lead and reform institutions, position him well to discharge the responsibilities of National Director of Public Prosecutions with integrity and distinction. We call on all South Africans to rally behind his appointment to this demanding yet profoundly consequential role at this pivotal moment in the history of the National Prosecuting Authority.”

That said, Public Interest SA wishes Advocate Mothibi every success in his new role. We look forward to constructively supporting him and the NPA in their efforts to restore stability, credibility, and effectiveness to this vital institution. We have no doubt that Adv Mothibi possesses the capacity, drive, fortitude, and ethical foundation to succeed as NDPP and to advance the cause of justice in South Africa.

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Issued by: Public Interest SA