Court bid seeks to block Ramaphosa’s appointment of Andy Mothibi as NDPP head

The B Xulu and Partners Incorporated (BXI) has filed an urgent court application to halt the appointment of the next National Director of Public Prosecutions (NDPP), arguing that serious procedural flaws undermined the fairness and transparency of the selection process.

The move comes after President Cyril Ramaphosa appointed Advocate Andy Mothibi, head of the Special Investigating Unit (SIU), as the country’s new NDPP on Tuesday, January 6.

Mothibi is set to assume office on February 1, 2026.

The appointment follows an advisory panel’s review, which concluded that none of the interviewed candidates were suitable.

This highlighted the challenge of replacing outgoing NDPP Advocate Shamila Batohi.

In a statement on Tuesday, Barnabas Xulu -the long time counsel for former Western Cape judge president and now MK Party deputy president, John Hlophe - said his firm seeks an interim interdict “to ensure that all material facts are placed before the President prior to the appointment of the next NDPP.”

“On December 29, 2025, BXI filed urgent papers in the Pretoria High Court seeking an interim interdict to restrain the President from appointing a new NDPP pending a review of the Advisory Panel’s recommendation report of December 12, 2025 and a full record of the NDPP selection process,” the statement said.

The application centres on a 99-page objection BXI submitted regarding the nomination of Advocate Hermione Cronje. 

Although submitted within the public comment period and acknowledged by the advisory panel, it was reportedly not provided to Cronje before her televised interview. 

She was instead given the opportunity to respond in writing at a later stage, which BXI says “has diminished the fairness and credibility of the recommendation process.”

BXI said the objections raised “serious concerns about ethical judgement and the duty of prosecutorial independence,” including evidence that confidential NPA information had been shared externally. 

Similar allegations have reportedly been raised against Cronje by other parties.

“These allegations are the kinds of issues that, in the public interest, should be properly furnished to the candidate, interrogated through a fair process, and considered on an even-handed basis before any recommendation is finalised,” the statement added.

The firm emphasised that the application is not a personal campaign but is necessary to ensure “a lawful, transparent and even-handed” appointment process. 

“Once an appointment is made, any meaningful remedies may become academic or practically ineffective, and a temporary pause is necessary to avoid a fait accompli,” it said.

Mothibi’s appointment has sparked debate, as he was not interviewed by the advisory panel. 

However, it is said that he brings decades of legal experience as a public prosecutor, magistrate, and senior legal executive, including leadership roles at SARS and the SIU.

Ramaphosa thanked Batohi for her service and extended his gratitude to the advisory panel for its work. 

The president has appointed Leonard Lekgetho Acting Head of the SIU from February 1, 2026. 

Lekgetho has more than 22 years of forensic investigations experience, including at the former Directorate of Special Operations (the Scorpions).

Some political parties have been divided over the appointment of Mothibi.

“This appointment appears to be pre-orchestrated, politically deliberate and part of a systematic process aimed at placing Adv. Mothibi in a constitutionally critical position,” said MK Party national spokesperson Nhlamulo Ndhlela.

However, the Activists and Citizens Forum welcomed the appointment. 

“We believe that all the corrupt thieves will have sleepless nights,” said spokesperson Dennis Bloem. 

“We think that the newly appointed NDPP, Adv Andy Mothibi, has proved himself at the SIU. He came in with the necessary experience, integrity and respect that is so much needed at the NPA. 

Bloem added, “We honestly hope and trust that this appointment will be a turning point for the Prosecution Authority. We believe that dignity, integrity and trust will be restored in this crucial institution.”

simon.majadibodu@iol.co.za

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