Presidency Defends Controversial Appointment of Advocate Mothibi as New NDPP

Presidency Defends Controversial Appointment of Advocate Mothibi as New NDPP

  • The Presidency has defended President Cyril Ramaphosa’s appointment of Advocate Andy Mothibi as National Director of Public Prosecutions, despite him not being interviewed
  • Presidency spokesperson Vincent Magwenya said the president was not legally required to interview candidates and used his discretion after the panel found no suitable shortlist candidate
  • The decision has drawn mixed public reaction, with critics questioning transparency while the presidency maintains Mothibi is qualified to lead the NPA

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Advocate Mothibi
The president has appointed Advocate Andy Mothibi as the new NPA head.Image:@RSASIU/X
Source: Twitter

Presidency spokesperson Vincent Magwenya has defended President Cyril Ramaphosa’s decision to appoint Advocate Andy Mothibi as the new National Director of Public Prosecutions (NDPP), despite Mothibi not being interviewed during the formal selection process.

Speaking to Newzroom Afrika, Magwenya said the president was not legally obligated to convene an interview panel or to interview candidates for the position.

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He stressed that Ramaphosa exercised discretion in initiating the interview process but was not bound by its outcome.

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“In response to the panel’s advice, the president had to look outside the process for the most appropriate candidate to lead the NPA,” Magwenya said.

When pressed on why the six shortlisted candidates who were interviewed were deemed unsuitable, Magwenya remained cautious, saying he was mindful of and respectful towards the individuals involved.

He added that public attention should instead be directed at Mothibi’s suitability for the role, emphasising that he is qualified and that he has the necessary experience to lead the National Prosecuting Authority (NPA).

Why was Advocate Mothibi not interviewed?

Addressing questions about why Mothibi was not interviewed, Magwenya reiterated that the president was under no legal obligation to do so. Magwenya also highlighted challenges faced by the advisory panel, noting that it struggled to attract candidates. The deadline had to be extended due to limited interest, a factor which also influenced the president’s decision. He dismissed suggestions that the process had been undermined, arguing that time constraints played a critical role. With outgoing NDPP Advocate Shamila Batohi turning 65 and her term ending on 31 January 2026, it was imperative to have a successor in place by 1 February 2026.

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The appointment sparked mixed reactions online, with some South Africans criticising the process as wasteful and lacking transparency, while others questioned whether the interviews created false expectations for candidates.

Public reaction

@BhekuyiseM31516 said:

"The new Ramaphosa NDPP, Adv. Andy Mothi is a clear demonstration of how the ANC operates. They wasted the government resources to conduct the interviews and the time & money of the interviewees."

@Squirrel1980021 commented:

"While this might be true and Andy could be the right person for the job … it’s this disrespectful disregard for transparency to the people that is just so tiring … Cyril is just one disaster after another."

@makhosinikk stated:

"That's what many people are actually going through constantly. Attending interviews with a predetermined appointment in place."

@KwinikaZava commented:

"This practice of interviewing candidates and giving false hope, then appointing someone who was never a candidate. Can it be a reflection of the recruitment process in most govt departments or parastatals?"

@AlexvandeHeever said:

"The appointment of the NDPP requires a legislative framework. This level of unfettered discretion is deeply disturbing."

Ramaphosa appointed Advocate Mothibi.

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President Cyril Ramaphosa appoints Advocate Jan Mothibi as new National Director of Public Prosecutions

President Cyril Ramaphosa has appointed Advocate Jan Lekgoa Mothibi as the new National Director of Public Prosecutions (NDPP), replacing Advocate Shamila Batohi. Mothibi, who currently heads the Special Investigating Unit (SIU), will assume office on 1 February 2026, following the conclusion of Batohi’s term on 31 January 2026. Mothibi’s appointment has drawn attention because he was not shortlisted during the formal selection process. Although six candidates were interviewed for the position, none were ultimately deemed suitable, prompting the president to look outside the shortlist and appoint Mothibi to lead the NPA.

President Ramaphosa
The presidency has defended the controversial decision to appoint Mothiba without an interview process. Image: Leon Neal/ Getty Images
Source: Getty Images

Articles on NDPP

Briefly News previously reported that Batohi faced criticism during the Nkabinde Inquiry on 15 December 2025 after she refused to continue her testimony,, a move that was widely viewed as showing disrespect to the panel. The controversy arose when she revealed that she had spoken to KwaZulu-Natal Director of Public Prosecutions Elaine Harrison over the preceding weekend. Retired Justice Bess Nkabinde, who chairs the inquiry, reprimanded Batohi, warning that she may have engaged a potential witness on matters under investigation. Proceedings were adjourned for lunch, but when the inquiry resumed, Batohi did not return to the chamber.Justice Nkabinde expressed strong dissatisfaction with her conduct, noting that she had left without seeking permission from the panel. Batohi defended her actions, saying her decision was necessary to protect her personal integrity.

In another incident, Advocate Shamila Batohi clashed with EFF leader Julius Malema during her appearance before the parliamentary committee on Tuesday, 11 November 2025. During her testimony, Batohi confirmed that she had received information from National Police Commissioner General Fannie Masemola and Crime Intelligence head Lieutenant General Dumisani Khumalo alleging that a member of the NPA was involved in criminal activity. Batohi, however, refused to disclose the identity of the individual at the centre of the claims. Her refusal to name the individual sparked outrage among parliamentarians, with some accusing her of withholding critical information from the committee. Economic Freedom Fighters leader Julius Malema openly challenged Batohi during the proceedings, at one point suggesting that she should “pack her bags and leave.”

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Authors:
Mbalenhle Butale avatar

Mbalenhle Butale (Current Affairs writer) Mbalenhle Butale is a dedicated journalist with over three years newsroom experience. She has recently worked at Caxton News as a local reporter as well as reporting on science and technology focused news under SAASTA. With a strong background in research, interviewing and storytelling, she produces accurate, balanced and engaging content across print, digital and social platforms.