New broom: Advocate Andy Mothibi Photo: GCIS
President Cyril Ramaphosa’s appointment of advocate Andy Mothibi as the new head of the National Prosecuting Authority (NPA) has drawn mixed reactions, with opposition parties criticising his powers to unilaterally appoint the incoming head.
In an unprecedented move, Ramaphosa bypassed six shortlisted candidates who were interviewed for the position of national director of public prosecutions (NDPP) and instead chose Mothibi, who is currently head of the Special Investigating Unit (SIU).
The appointment follows a recommendation by an advisory panel led by Justice and Constitutional Development Minister Mmamoloko Kubayi, which advised the president that none of the candidates were suitable for the role.
Mothibi’s appointment has drawn mixed reactions, opposition parties criticising the president’s powers to unilaterally appoint the NDPP, warning that the position could be used to shield corrupt officials.
The Economic Freedom Fighters, uMkhonto weSizwe party and the Democratic Alliance questioned the independence of the process, arguing that it demonstrated the unchecked powers of the presidency.
“The DA expects the new NDPP to prioritise serious corruption and state capture cases and to act without fear, favour or prejudice. However, the credibility of the NPA depends as much on a transparent appointment process as it does on the individual appointed,” DA MP Glynnis Breytenbach said.
Outgoing NDPP Shamila Batohi said the appointment of her successor came at a critical time as the NPA continued its efforts to rebuild, strengthen institutional integrity and advance justice.
“Adv Mothibi is a person of integrity, who comes with a great track record and who knows what it means to fight for the rule of law in the country,” Batohi said.
She added: “As the head of the SIU and as a key stakeholder and partner in the law enforcement environment, he is no stranger to the work of the NPA and the criminal justice system. I have every confidence that Adv Mothibi will take the NPA to greater heights.”
To ensure a smooth transition, the NPA has compiled a comprehensive handover report outlining progress on strategic initiatives, as well as key risks, opportunities and outstanding work in the ongoing rebuilding and reform process, she added.
The NDPP position has long been controversial, having been marred by political interference, resignations and appointments overturned by the constitutional court. Since its founding in 1998, Batohi has been the only NPA head to have completed a full seven-year term.
Chairperson of the portfolio committee on justice and constitutional development Xola Nqola acknowledged the president’s exercise of his executive authority in making the appointment, describing it as an important step towards enhancing prosecutorial capacity and stability within the NPA.
“Adv Mothibi’s reputation – and successes as head of the Special Investigating Unit – speaks for itself. The committee takes comfort in the fact that he has shown exceptional leadership skills,” he said.
“We will, however, continue to do vigorous oversight over his work and that of the National Prosecuting Authority. We look forward to working with the new NDPP and the leadership of the justice system to advance accountability, justice and constitutional democracy.”
Mothibi has led the SIU since May 2016, where he was mandated to investigate maladministration, malpractice and corruption in state institutions and the private sector.
He is widely regarded as a central figure in the SIU’s organisational turnaround, which saw the unit save the government about R8 billion in the 2023/24 financial year.
During this period, the SIU recorded its highest-ever cash recovery of R2.28 billion in its 27-year history.
A further R2.32 billion in potential state losses was prevented, while R1.6 billion was secured for recovery through acknowledgements of debt and admissions of liability.
Additionally, the SIU successfully set aside contracts worth more than R2.13 billion through the Special Tribunal and the high courts.
Mothibi is credited with introducing and implementing an organisational turnaround strategy that prioritised improved performance, efficient processes, effective systems and people management.
Besides his role at the SIU, Mothibi is a member of the executive committee of the Institute of Risk Management of South Africa and chairs the Southern African Development Community anti-corruption subcommittee.
Labour federation Cosatu said Mothibi’s track record as an anti-corruption champion made him “an inspirational choice to lead the NPA”, which it described as one of the weakest links in the government’s fight against crime and corruption.
“Advocate Mothibi’s sterling track record of delivering real results at the SIU will stand him in good stead at an NPA in desperate need of firm leadership and a comprehensive overhaul. It is critical that government provide the NPA with the resources it requires to win the war against crime and corruption, in particular skilled prosecutors, forensic analysts and accountants,” Cosatu said.
Business Leadership South Africa (BLSA) said Mothibi’s extensive experience in the criminal justice system made his appointment appropriate and relevant and would help ensure the NPA continued to fulfil its mandate of preparing and conducting criminal prosecutions.
Under Mothibi’s leadership the SIU made progress in the fight against crime, including the recovery of millions of rand lost to corruption, it said. His tenure was also marked by institutional reforms and enhanced collaboration with other anti-corruption bodies.
“We believe that Adv Mothibi brings the appropriate knowledge and experience that will ensure the NPA successfully achieves its objectives in our collective fight against crime and corruption,” BLSA chief executive Busisiwe Mavuso said.
Born near Hammanskraal, Mothibi completed his high school education in Zeerust, North West and obtained a BProc law degree in 1987 from the University of the North West.
North-West University principal and vice-chancellor Mzubanzi Bismark Tyobeka congratulated Mothibi on his appointment as NDPP.
Mothibi is also a recipient of the university’s Alumni Excellence Award for public service in 2021.
“We strongly believe that advocate Mothibi will continue to demonstrate integrity, strong leadership and unwavering commitment towards serving our country and her people. We urge all stakeholders to support Advocate Mothibi and the National Public Authority of South Africa,” Tyobeka said.
Mothibi began his career as a public prosecutor in the Johannesburg and Soweto magistrates’ and regional courts. He later served as a magistrate in both courts.
In 1995, he was appointed head of employee relations at the then department of finance and was part of the team that worked on the establishment of the South African Revenue Service (Sars). At Sars, he served as head of corporate legal services and head of governance.
In 2005, he was appointed head of compliance at South African Airways. After implementing the airline’s enterprise and compliance risk management framework, he joined Nedbank in 2007 as senior manager for enterprise risk management.
Within six months, he was promoted to general manager for group operational risk management, where he led the implementation of the Basel II operational risk management framework, resulting in significant operational risk capital savings for the group.
In 2012, Mothibi joined Standard Bank as head of operational risk for Standard Bank of South Africa. Following the successful implementation of Basel II, he was appointed head of group operational risk management. This work included the development of anti-fraud and anti-money laundering scenarios, which again led to substantial capital savings.
Before joining the SIU, Mothibi was appointed executive director at Medscheme Holding, a subsidiary of AfroCentric Health. His portfolio included group legal services, governance, risk and compliance, with internal audit reporting to him. He was also responsible for the Medscheme Road Accident Fund business unit.
Under Mothibi’s leadership, the SIU achieved an unqualified audit outcome from the auditor general and played a central role in investigations into Transnet, Eskom and the National Student Financial Aid Scheme (NSFAS).
The SIU recovered R700 million from Transnet, R500 million from Eskom and R191 million from the NSFAS investigation by the end of the 2023/24 financial year. The Civid-19 medico-legal investigation accounted for R1.98 billion of the R2.32 billion in prevented losses.
With a highly decorated track record, Mothibi is expected to address administrative challenges at the NPA.
It is yet to be seen whether his appointment will result in rebuilding public confidence in the institution’s ability to hold corrupt individuals to account.
Previous NDPPs
- Bulelani Ngcuka: 1998 – 2004 (Resigned) Appointed by Nelson Mandela
- Silas Ramaite: (acting) July 2004 – February 2005
- Vusi Pikoli: 2005 – 2007 Appointed by Thabo Mbeki
- Mokotedi Mpshe: (Acting) 2007-2009
- Menzi Simelani: (Constitutional Court found appointment irrational) 2009 – 2012 Appointed by Jacob Zuma
- Nomgcobo Jiba: (acting) October 2012 – October 2013
- Mxolisi Nxasana: (Resigned) 2013 – 2015 Appointed by Jacob Zuma
- Silas Ramaite: (acting) May – June 2015
- Shaun Abrahams: (Resigned) 2015 – 2018
- Silas Ramaite: (acting) June – August 2018
- Shamila Batohi: 2018 – 2026 Appointed by Cyril Ramaphosa