Rebuilding Trust in the NPA: A Crucial Test for Mothibi

Prof. Bheki Mngomezulu

As the year begins, there are many expectations about the future of South Africa from all spheres of life.

Some hope against hope for economic growth, reduction in crime and rampant corruption, prospects for more job opportunities, reduced poverty and inequality, to name just a few. Importantly, many South Africans eagerly await the outcome of the parliamentary Ad hoc Committee and the Madlanga Commission reports and the extent to which their various recommendations will be implemented by various institutions – starting with the President. But will all these dreams come to fruition?

Only time will tell. As the saying goes, the proof of the pudding is in the eating. We only imagine what is likely to unfold, but remain uncertain whether such will indeed happen. In this regard, we can invoke the words of Seneca, who once said that “we suffer more in imagination than in reality.”

Against this caveat, President Cyril Ramaphosa’s decision to appoint Advocate Andy Mothibi to succeed Advocate Shamila Batohi as National Director of Public Prosecution (NDPP) has received mixed reactions from the South African public. Some applaud the President for his decision, while others blame him for failing to read the mood after receiving the report from his six-member panel.

For context, Section 179(1) of The Constitution of the Republic of South Africa of 1996 and Section 10 of the National Prosecuting Authority (NPA) Act of 1998 empower a sitting president to appoint the NDPP after receiving a report from a panel tasked to provide advice to the President in this regard.

Specifically, Section 179(1)(a) of the Constitution talks about “a national Director of Public Prosecution, who is the head of the prosecuting authority, and is appointed by the President, as head of the national executive.”Given this legal context, the President did not contravene any law in his decision to appoint Advocate Mothibi.

However, a few questions beg for attention.

Firstly, was this the right decision? In other words, was Advocate Muthibi the best candidate for the job?

Secondly, was Ramaphosa’s decision informed by the report of the six-member panel he had appointed, or did he only exercise his constitutional right without listening to what his panel had said? Will Advocate Mothibi’s appointment rescue the NPA’s tarnished public image, bring stability, and make the NPA more effective? Will such an appointment add value to the criminal justice system in the country, or will the current status quo remain?

In trying to address these and other questions, a few issues must be considered. The first one is that Ramaphosa’s six-member panel had selected six candidates to interview from a list of 32. After conducting interviews, the panel concluded that none of the candidates was suitable to be appointed to this important position.

Instead of starting the process anew or asking the panel to see if they could recommend anyone else after re-reading their report, Ramaphosa exercised his constitutional right and appointed Advocate Mothibi. This means that the new head will assume his responsibility on February 1, 2026, already having a cloud hanging over his head. Should he fail to execute his mandate, some will say that this was a foregone conclusion. For such people, they are already pessimistic about the prospects of Advocate Mothibi bringing sanity to the NPA.

Other South Africans are interested in Advocate Mothibi’s legal background to enable them to assess him objectively. He is currently the Head of the Special Investigating Unit (SIU). Before then, he was the Public Prosecutor in Johannesburg and the Soweto Magistrates. He also served in the regional courts. Moreover, Advocate Mothibi served as a Magistrate in both Johannesburg and Soweto Magistrates.

Apart from these experiences, Advocate Mothibi has served in various public and private institutions. Here, he managed legal, compliance, and risk management operations. Among these institutions was the South African Revenue Service (SARS), where he was Head of Corporate Legal Services and Head of Governance. Therefore, from a legal experience perspective, Advocate Mothibi has what it takes to hold this position. But the manner of his appointment raises red flags.

Another issue is that not all South Africans are impressed by the work of the SIU, especially with regard to its consistency when investigating matters. For those who hold this view, the new NDPP Director will fail to bring respect and credibility to the NPA.

Apart from the issues already ventilated above, what also makes this appointment important is the fact that it happens against the backdrop of Lt-General Nhlanhla Mkhwanazi’s explosive media briefing on July 6, 2025. To what extent is the SIU free from corrupt activities? If it is not, will Advocate Mothibi not bring with him a dark cloud?

Given the concerns raised by the public against the NPA – including its handling of the Phala Phala incident- will Advocate Mothibi handle this matter differently from his predecessor Advocate Batohi? Put differently, was the problem with Batohi, or does the problem reside in the institution and the position?

Linked to the above is an evident inconsistency in the position of NDPP. Bulelani Ngcuka occupied this office from 1998-2004. Vusi Pikoli only occupied this position from 2005 to 2007. Menzi Simelane was the NDPP only from 2009 to 2012. Shaun Abrahams held this position from 2015 to 2018. Only Advocate Shamila Batohi has served her full term from 2019 until her imminent retirement this month. Will Advocate Mothibi emulate Batohi and see his term through, or will he become another statistic of sojourners in the NDPP that did not complete their terms of office?

Only time will tell.

In a nutshell, Advocate Mothibi has been appointed to assume the position of National Director of Public Prosecution at a very critical time. A lot is happening. As such, he has his work cut out for him. Will he be equal to the task? Let us wait!

* Prof. Bheki Mngomezulu is Director of the Centre for the Advancement of Non-Racialism and Democracy at Nelson Mandela University.

** The views expressed do not necessarily reflect the views of IOL, Independent Media or The African.