JUST IN: Court dismisses legal bid to overturn Andy Mothibi as NDPP
· Citizen
A bid to overturn the appointment of Andy Mothibi as National Director of Public Prosecutions (NDPP) has been dismissed.
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The ruling was handed down in the Gauteng High Court on Tuesday.
Barnabas Xulu and Partners approached the Gauteng High Court, arguing that the advisory panel appointed to select candidates was unconstitutional.
Mothibi was appointed by President Cyril Ramaphosa in January 2026.
The law firm argued that after an advisory panel failed to recommend a candidate,
Judgement
“The applicant is confusing consistency with rationality. It is arguably unfair to appoint the tenth respondent without him being screened by an advisory panel. The President was, however, not constrained to again use an advisory panel to appoint the 10th respondent,” the court ruled
“Time was running out as the incumbent would vacate her position at the end of January. The fact that the President appointed a person whose fitness is not being questioned speaks of a rational decision.”
The court ruled that Barnabas Xulu lacked locus standi.
“The first impugned decision is a recommendation only and cannot sustain a legality review as a separate decision.
“The second decision is a fresh decision after a failed advisory process, based on a power to appoint, untrammelled by the requirements of fair process. The application must therefore fail,” the court ruled.
The court also ordered that the parties pay their own costs.
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Appointment
In January 2026, Ramaphosa defended his decision to appoint Mothibi as the new NDPP, despite Mothibi not being among the candidates interviewed for the position.
Six candidates, including former NDPP Menzi Simelane, were interviewed by an advisory panel appointed by Ramaphosa to identify the most suitable person for the role.
However, after intense interviews, the panel found that none of the candidates were suitable for the position.
Priorities
Earlier this month, in his state of the NPA address, Mothibi provided a “situational analysis” of the NPA’s challenges and how it would meet the public’s expectations.
“The vision and mission of the NPA that we are committed to, and continue to strive towards, is the achievement of justice in our society so that people can live in freedom and security,” said Mothibi.
He explained that this would require organisational reforms and that he was working to refine leadership structures and fill vacancies, with many senior positions requiring presidential appointment.
ALSO READ: Ramaphosa defends Mothibi appointment: ‘The law says the president can appoint whomever he wants’