Batohi throws support behind new NDPP Mothibi despite backlash

Outgoing National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi has thrown her support behind Advocate Andy Mothibi, whom President Cyril Ramaphosa has named as the new head of the NDPP.

Batohi welcomed and congratulated Advocate Andy Mothibi on his appointment as her successor, saying she has full confidence in his leadership.

Ramaphosa on Tuesday appointed Mothibi as the new head of the National Prosecuting Authority (NPA).

The move surprised many after he was selected despite not being among the candidates interviewed during the formal selection process.

Mothibi will take over from Batohi when her term ends in January.

While the appointment has drawn criticism, Batohi said she welcomed the decision, describing it as timely as the NPA continues its 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.

“As head of the Special Investigating Unit (SIU), and as a key stakeholder in the law enforcement environment, he is no stranger to 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.”

Batohi said the NPA has compiled a comprehensive handover report to ensure a smooth transition. 

She said the report will be shared with President Ramaphosa, the justice minister Mmamoloko Kubayi, the chairperson of Parliament’s justice portfolio committee, and Mothibi.

The report outlines progress on strategic initiatives, while also identifying 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.

She 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 their dedication to his leadership in advancing justice and the rule of law,” she said.

“Together, they will strengthen the role of the NPA at the heart of our constitutional democracy, in service of the people of South Africa.”

Earlier on Tuesday, 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 for the country’s top prosecutorial role.

Speaking to journalists on the sidelines of the ANC’s January 8 celebrations in North West province, Ramaphosa said the decision was driven by urgency and the importance of the office.

“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.

The appointment comes at a critical moment for the NPA, which faces mounting pressure to restore public confidence amid slow progress in high-profile corruption cases, capacity constraints and the lingering effects of the State Capture era.

Despite renewed political backing, the authority has struggled to secure consistent convictions in complex cases involving senior officials.

Ramaphosa 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,” he said.

simon.majadibodu@iol.co.za

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