What was intended to promote openness in the appointment of a new national director of public prosecutions (NDPP) has instead left South Africans more confused about the criteria used to select — or exclude — candidates. This, however, does not detract in the slightest from the choice of Special Investigating Unit (SIU) head Andy Mothibi as the new director. The 63-year-old veteran of public and private-sector service now faces the daunting task of leading an organisation held in low regard by far too many South Africans.
Late in 2025, a panel headed by justice minister Mmamoloko Kubayi conducted detailed interviews with six prospective NDPPs, shortlisted from 32 applicants seeking to replace the outgoing director, Shamila Batohi. The panel contained modest prosecutorial expertise and, curiously, included among its interviewees the controversial Jacob Zuma-era former acting NDPP, Menzi Simelane.
The interviews were underwhelming, raising concerns among critics that Batohi’s successor would lack the authority, gravitas and political-legal sensibilities required for the role. The panel appears to have shared these concerns, and this week President Cyril Ramaphosa announced Mothibi’s appointment. At 63, he will retire just 30 months into what is usually a five-year term.
Ramaphosa cited “the shortness of time” as a reason for his unexpected decision, even though this constraint is entirely of his own making. As the president himself noted, the constitution empowers him to appoint a competent person of his choosing.
That is background noise. With no prospect of seeking a second term, Mothibi can be his own man in the short period available. Awaiting him is an in-tray of more than 100 matters arising from the Zondo commission into state capture, including 17 cases that have not been investigated at all.
Several high-profile cases already before the courts will also be closely watched for signs of improvement in the National Prosecuting Authority’s dismal success rate — a record that has entrenched the perception that high office, together with NPA incompetence, shields perpetrators from criminal sanction.
The cases involve some big names, among them former Transnet chiefs Brian Molefe and Siyabonga Gama, who are facing charges of fraud, corruption and money laundering. The case lies at the heart of state capture and the hollowing-out of vital state entities in pursuit of personal gain.
Their successful prosecution will be symbolic of any future success in reversing the damage of state capture and restoring public faith in the constitution and the rule of law. In all, the Zondo commission recommended 218 instances of alleged criminal activity for prosecution.
While the NPA and other law-enforcement bodies languished under indifferent leadership, the SIU under Mothibi, who has led it since 2016, has been a shining star. A former prosecutor, Mothibi has served with quiet distinction in roles at Sars, SAA, Nedbank and Standard Bank. His record speaks for itself.
For his fearless record at the SIU, Mothibi deserves the public’s support as he takes on what is likely to be his most difficult task yet. More than that, he must feel confident that the government will back him fully in his work, and that regardless of political standing or personal connections, justice will be his only compass as he seeks to restore respect for the law and the constitution — respect undermined by years of feckless political leadership.
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