18.03.2026
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The High Court in Pretoria to hear bid against NDPP appointment

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  • National Director of Public Prosecutions, Advocate Andy Mothibi

The High Court in Pretoria will hear an urgent application from law firm B Xulu and Partners Incorporated to have the appointment of Advocate Andy Mothibi as the National Director of Public Prosecutions (NDPP) declared unlawful and set aside.  

The firm has argued that the selection process is unconstitutional. 

This comes after an advisory panel found that none of the six candidates who were interviewed was suitable for the position.  

In January, President Cyril Ramaphosa exercised his Constitutional powers when he announced the appointment of Mothibi, who was not among the interviewed candidates. 

The former head of the Special Investigating Unit (SIU) took over as the country’s top prosecutor last month, following the end of Advocate Shamila Batohi’s term.  

Former National Prosecuting Authority (NPA) head Advocate Menzi Simelane and Independent Directorate Against Corruption (IDAC) head Andrea Johnson were among the six candidates interviewed. 

However, B Xulu and Partners Incorporated argues that there was procedural unfairness in Mothibi’s appointment, suggesting that Mothibi was not subjected to the same process as the other candidates who failed to make the cut.

 

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