Concerns over Andy Mothibi's appointment as NPA boss amid allegations of political shielding

The appointment of Advocate Andy Mothibi as the National Director of Public Prosecutions (NDPP) has been alleged to be a strategic move to secretly disband the Special Investigating Unit (SIU) and to distract the unit from focusing on the ongoing high-profile investigations that implicated President Cyril Ramaphosa’s associates, according to a source.

The source alleged that Mothibi was appointed as the NDPP, to take up the position of prosecutions boss replacing Shamila Batohi, despite his reluctance to leave the SIU and the sensitive cases that are being probed. 

The source claimed that Mothibi allegedly refused to be shortlisted for the job. 

Six candidates were reportedly shortlisted for the position, but none of them was found suitable for the role. 

The source, who is an advocate and former ANC member, claimed that Mothibi’s sudden appointment, which came as a surprise, is a strategic move to protect Ramaphosa’s associates, including his nephew Hangwani Maumela, who is allegedly involved in the R2 billion looting of Tembisa Hospital.

The allegations were put to Ramaphosa’s spokesperson, Vincent Magwenya, who did not respond at the time of publication.

Mothibi, through his spokesperson, Kaizer Kganyago, dismissed the allegations as untrue, adding that Mothibi will express his views about his new role after he officially assumes the role.

He is expected to assume his new role as NDPP on February 1. 

The Department of Justice and Constitutional Development also denied the allegations, saying Mothibi did not decline to be considered for appointment as the NDPP. 

“When approached to avail himself for the position, he indicated his availability without hesitation and fully cooperated with the applicable processes,” said spokesperson Terrence Manase.

Mothibi, who was the head of the SIU, was busy with the investigation into the Tembisa Hospital corruption scandal prior to his appointment as the NDPP. 

The investigation, which was initiated following the assassination of whistle-blower Babita Deokaran, uncovered three major syndicates that siphoned more than R2 billion from the hospital through fraudulent tenders and inflated prices. The investigation implicated several individuals, including Maumela. 

Mothibi also led operations that preserved assets worth approximately R133,5 million, including luxury vehicles and artwork seized from Maumela’s mansion in Sandton.

Opposition parties have also expressed concern that Mothibi’s appointment could be used to shield specific individuals, including Maumela, from prosecution.

During his decade-long tenure at the SIU, Mothibi oversaw several high-profile investigations into state capture, procurement irregularities and municipal corruption.

The SIU, under his leadership, significantly increased its recovery of stolen or misspent public funds. In the 2023/24 financial year alone, the unit reported a record R2,28 billion in cash returned to the state. Total recoveries and prevented losses between 2019 and 2025 reached more than R8,6 billion.

The source suggested that Mothibi's removal from the SIU, 'is another Political Killings Task Team (PKTT)-type disbandment' of anti-crime structures that are tasked with going after politically connected criminals.

“The real question is the independence of the interviewing panel and the whole process of an apparent decoy interview,” claimed the source. 

Political analyst Zakhele Ndlovu said he still does not understand why Mothibi has been moved to the National Prosecuting Authority (NPA), especially as he is expected to serve for two and a half years before he reaches the mandatory retirement age.

“This could be Ramaphosa's strategy to distract him. Why appoint a person who is nearing his retirement?” said Ndlovu. 

MK Party spokesperson Nhlamulo Ndhlela said these allegations mean that the party has been vindicated in its statement that 'Ramaphosa is protecting Maumela through this appointment'. 

In a statement issued last week, the party raised concerns over the timing of Mothibi's appointment, noting that during Mothibi’s tenure as head of the SIU, his office found prima facie evidence implicating Maumela in the Tembisa Hospital scandal. 

“We are vindicated. This man (Ramaphosa) is using state resources to protect himself and is compromising the SIU in its investigations. He has been plotting this appointment and it is deliberate,” he said. 

The social justice movement, the Progressive Civics Congress (PCC) said Mothibi's appointment signals a potential conflict of interest. The PCC warned that the appointment could cost the government millions as it would be challenged in court. 

Meanwhile, the DA has submitted a Promotion of Access to Information Act (PAIA) application after Ramaphosa refused to release the report used to inform his decision to appoint Mothibi as NDPP.

The party said that while it has cautiously welcomed the appointment of Mothibi and expressed hope that it will stabilise and strengthen the NPA, serious concerns remain about the deeply flawed appointment process and the President’s handling thereof.

This is after the Presidency said it would not make the NDPP panel report public, claiming it was intended only to guide the President and that there is no obligation to release it. 

“This position undermines transparency in a process that was already marred by delays, an ill-equipped panel, and a failure to properly discharge its mandate,” the DA said.

manyane.manyane@inl.co.za