Mothibi, who currently heads the Special Investigating Unit (SIU), is set to assume his role next month.
President Cyril Ramaphosa has defended his decision to appoint Advocate Andy Mothibi as the new National Director of Public Prosecutions (NDPP), despite Mothibi not being among the candidates interviewed for the position.
Six candidates, including former NDPP Menzi Simelane, were interviewed by an advisory panel appointed by Ramaphosa to identify the most suitable person for the role.
No suitable candidates
However, after intense interviews, the panel found that none of the candidates were suitable for the position.
Mothibi, who is currently the Head of the Special Investigating Unit (SIU), is expected to take up the position as the new NDPP boss on 1 February 2026.
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Constitutional powers
Speaking to journalists on the sidelines of the ANC’s January 8 celebrations in the North West, Ramaphosa said his decision to appoint Mothibi was driven by the “urgency and gravity of the office.”
“I instituted this process of having a very transparent and open manner in which a public official, like the head of the NPA, should be appointed. The last time, when Shamila Batohi was appointed, I opened up the process, which many people welcomed.
“It’s not in the law. The law says the president can appoint whomever he wants, but I felt that, because of the importance of the position, we should open it up so that the public can see and have insight into the type of person that we want in that position.
“So in the end, because of the shortness of the time, I then relied on what the Constitution empowers me as President to do, and it is for that reason that I decided to appoint Mothibi,” Ramaphosa said.
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‘Known figure’
Ramaphosa emphasised that Mothibi is a “known figure.”
“I’ve appointed a known figure, a person who is in the criminal justice system, who has distinguished himself and who has demonstrated his ability. I’m hoping that everybody will accept this for what it is.
“And of course, in future, we would want even the law or the Constitution to allow a more open process. We don’t have it now, and it was instituted at my volition, and when it didn’t yield the results that I expected, I had to rely on what the Constitution empowers me to do,” Ramaphosa said.
Criticizing Batohi
Ramaphosa said it is unfair to criticise outgoing NDPP head Batohi, saying she made a great effort towards addressing corruption and crime in the country.
“Shamila Batohi came in at a time when the NPA was in serious need of transformation, and she has done really excellently in transforming and repositioning the NPA.
“And of course, we all have come into our offices at a very difficult time, a post-state capture, during a time of, for instance, Covid, when a lot of corruption happened, and to address all those things has been challenging.
“So, I don’t believe that one should be overly criticised for having made the effort. She made a great effort, and I think those who are criticising her are really unfair,” Ramaphosa said.
Mothibi will be replacing Batohi, who is expected to retire at the end of January 2026.
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