President Cyril Ramaphosa made head of the Special Investigating Unit (SIU), Adv Andy Mothibi, national director of public prosecutions after candidates interviewed by a panel led by justice & constitutional development minister Mmamoloko Kubayi were found unsuitable. Chris Barron asked Kubayi ...
Q: Should your selection panel have been appointed earlier?
A: I don’t think the issue here was pressure of time. We could have gone into January if there was the need, because the appointment needed to be made by February 1.
Q: Didn’t the president say it was “because of the shortness of time” that he used his constitutional powers to appoint Mothibi without him being interviewed?
A: Oh yes, okay. We could have easily gone into a second round. If you look at the first round, had we gotten quality CVs, had we gotten good people, even the president would not have felt that he doesn’t have any more time.
Q: Is it fair to say that because of time constraints, you had to send an SOS to somebody who reaches retirement age in two years?
A: Yes, that you can say. That we asked Mothibi on the basis that we no longer had time.
Q: If he was thought to be so right for the job, why wasn’t he on your list?
A: It was based on people availing themselves.
Q: Why didn’t he avail himself?
A: Because his term at the SIU had not ended, the only way for him to leave would have been through him being told: ‘We wish you to go and serve somewhere else.’
Q: Not because he knew he was only two years from retirement?
A: Ideally, the president wanted somebody who could serve the full 10 years to be able to finish the (turnaround) process at the National Prosecuting Authority.
Q: Is it a problem that because of time constraints he didn’t undergo the same interview process that found those you had shortlisted wanting?
A: No. He’s currently heading an institution...
Q: A very different institution?
A: None of the people we interviewed have an institution. We sit in all these meetings and processes with Mothibi. He’s part of the justice portfolio; he understands what the issues are, whether it’s SIU or NPA.
Q: Did you have to twist his arm?
A: We didn’t have to twist his arm, but we had to have a conversation with him. I think he’s a person who understands where the country is. He’s currently involved in fighting for a just society in terms of law enforcement. So we didn’t have to twist his arm. We had to have a conversation with him about going that side.
Q: Was he reluctant?
A: He was willing to serve his country. He understood the call.
Q: Will he be sufficiently committed, given he was under pressure to take the job?
A: He was not pressured; he could have said no.
Q: Did he ask for any assurances in terms of political interference?
A: No. He works with us; he knows he’s been allowed to do his work at the SIU.
Q: He didn’t want assurances the NPA would be fully independent?
A: The NPA is independent. What do you mean by “fully independent”?
Q: Unhindered access to the full Zondo commission archive and database?
A: They currently have that.
Q: Didn’t (NDPP Shamila) Batohi tell parliament recently they don’t?
A: I can give you assurance they do. In December when I picked this up in the media, I called an urgent meeting. The person who made such a comment apologised.
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