MATHATHA TSEDU | Mothibi’s brief tenure must prove he’s the tough new sheriff against corruption

The bungled attempt to overconsult over the appointment of the new National Director of Public Prosecutions has created unnecessary controversy around Andy Lekgoa Mothibi’s announcement as the new man in Silverton.

The constitution, in terms of Section 179 (1)(a) simply states that a single National Prosecuting Authority shall consist, amongst others, of “a National Director of Public Prosecutions, who is the head of the prosecuting authority and is appointed by the President...”.

There are no onerous processes outlined. In this case, the president is only expected to make sure the person appointed is suitably qualified.

However, since President Matamela Ramaphosa came into office, he has complicated what has otherwise been a simple process. Steeped, at best, in consultation and consensus, or at worst in a fear to make hard choices in his decision-making processes, he introduced a panel to shortlist and interview candidates and make recommendations to him to appoint.

That is how Shamila Batohi, whose term is coming to an end so disastrously, was appointed. The panel to replace her was mired in several controversies, including a court challenge, and at the end it returned a no verdict. None of the six candidates met the criteria.

Enter Mothibi, head of the Special Investigations Unit, a man of the law who worked as both a prosecutor and magistrate and headed a number of risk management centres at various banks and Sars and who recently co-chaired the G20 Anti-Corruption Working Group.

The work he did at SIU speaks for itself, with billions of rand illicitly syphoned from state coffers recouped. The Tembisa hospital investigation and his dogged stay with the Babita Deokaran case showed concern beyond the call of duty. If he could be approached when the panel process bombed, why was he not approached straight away?

Which we now know he would have accepted, instead of going through an unnecessary lengthy and expensive process in the name of transparency. We’ll now have some smart-sounding MP standing up in parliament and asking how much the fruitless and wasteful expenditure was.

With the Auditor-General, Tsakane Maluleke, having been part of the panel, is her institution going to say their boss was part of a wasteful exercise when the time to audit the department of justice comes?

And with the Auditor-General, Tsakane Maluleke, having been part of the panel, is her institution going to say their boss was part of a wasteful exercise when the time to audit the department of justice comes?

If Ramaphosa was not the kind of leader who fears making decisions, we would not be here.

Mothibi has at most two years at his new address, as he must vacate when he turns 65. In other words, he is a placeholder, a stopgap that must give government, and not the President, because he will be nearing history then; it’s time to search and find an NDPP who would serve their full term.

The consultation process that Ramaphosa chose has itself not produced the best results. Batohi, as we all watched her melt in the glare of TV cameras under the rigorous cross-examination by Adv Tembeka Ngcukaitobi (SC), was so obviously unsuitable.

Mothibi knows that he is walking into a high-voltage zone with political minefields. His own referrals to the NPA for prosecutions are waiting for him to take action. The nation wants to see the Big 5 gangs that he spoke about standing with folded arms in the dock, face down as they plead for bail.

Ramaphosa told the Zondo commission that his own organisation was accused number 1 in the state capture project. We have seen a few people in high places within the ANC, such as Thabang Makwetla and Malusi Gigaba, in the dock.

Zondo also said things about national chairperson Gwede Mantashe, and first deputy secretary Gen Nomvula Mokonyane, among others. There are longstanding issues arising from Secretary General Fikile Mbalula’s time as minister of transport, and the entire saga of Deputy President Paul Mashatile’s inexplicable wealth.

So, it will not just be that Mothibi must decide very quickly whether the inquiry into Gauteng DPP, Andrew Chauke’s suitability to hold that office, instituted by Batohi, should continue or stop.

The nation will be watching every step to see whether the bravery of issuing reports as head of the SIU recommending prosecution can be matched by indicting and then getting convictions in the major league cases and not just about the foot soldiers in some drug bust.

If the fortunes of this country are to be turned around, and the rampant corruption eating the soul of the nation curbed, Mothibi’s work must send the message that the new sheriff in town means business.

• Tsedu is a former editor of the Sunday Times