A litany of problems awaits Adv Mothibi

Adv Andy Mothibi is set to inherit his predecessor Shamila Batohi’s litany of problems related to delays in the prosecution of high-profile cases stemming from state capture inquiry which have seen little-to-no-progress in recent years.

One of the high-profile state capture cases that Mothibi will be confronted by as he assumes office in February as the new National Director of Public Prosecutions is the start of the trial in the Transnet advisory contract case scheduled for the same month he starts his new job.

The case involves companies McKinsey, Regiments Capital, and Trillian who were found by the Zondo Commission to have benefited from highly inflated and irregular advisory contracts related to procurements at Transnet.

Former Transnet executives including Brian Molefe, Siyabonga Gama and Anoj Singh have been arrested and charged with fraud, corruption and money laundering related to the recommendations of the Zondo commission. The inquiry made 218 recommendations for criminal prosecutions spanning multiple state entities.

A progress report released by the Presidency last year showed that by March 2025, of the 218 recommendations, more than 100 were still under investigation, no investigation had been initiated in 17 cases, while 35 cases had stalled due dependencies such as extradition requests. Ten cases had been finalised.

Mothibi’s appointment as new NPA head has been widely welcomed by civil society owing to his track record as a corruption buster while at the helm of Special Investigative Unit.

Mothibi was announced as the next NPA head by President Cyril Ramaphosa late on Tuesday in a statement that left many confused, as he was not part of those who were interviewed for the position by a panel led by Kubayi.

This is after the panel informed Ramaphosa that none of the interviewed candidates was suitable for the position.

Speaking to reporters in Rustenburg yesterday, where the ANC is to hold its annual January 8 statement, Ramaphosa said it was within his right to appoint Mothibi as the new NDPP head following receiving reports that there were no suitable candidates to replace Batohi.

Speaking at the fundraising golf tee-off in Sun City, North West, Ramaphosa said it was his constitutional power to appoint Mothibi.

“Because of the shortness of the time, I then relied on what the Constitution empowers me as president to do, and it is for that reason that I decided to appoint Mothibi.

“I’ve appointed a known figure, a person who is in the criminal justice system, who has distinguished himself, and who has demonstrated his ability, and I’m hoping that everybody will accept this for what it is,” he said.

He added that this is not the first time he had to take this route.

“The last time Shamila Batohi was appointed, I opened up a process which many people welcomed. It’s not in the law. The law says the president can appoint whoever he wants, but I felt that because of the importance of the position, we should open it up so that the public can see and have an insight in the type of person that we want in that position,”

“So the second time around, to replace Shamila Batohi, who is retiring, I did the same thing,” he said.

Batohi said she was confident that Mothibi is the right man for the job especially given his experience leading the Special Investigating Unit (SIU) which has been at the forefront of fighting corruption under Ramaphosa’s administration.

She said she has prepared a comprehensive report that includes information on ongoing cases and risk areas that have been identified.

The report will also give details on unfinished work in the process of continued rebuilding and reform, which has been identified as an immediate task for Mothibi.

Mothibi’s appointment has, however, been met with mixed reactions by political parties.

Parliament’s portfolio committee on justice and constitutional development welcomed Mothibi’s appointment.

Committee chair, the ANC’s Xola Nqola, defended Ramaphosa’s decision to appoint a candidate outside of the interview process, citing his constitutional and legislative powers.

The DA’s Glynnis Breytenbach congratulated Mothibi on his appointment, calling for his new post to translate into better management of the NPA, more prosecutions and a reduction in crime.

On the other hand, MK Party spokesperson Nhlamulo Ndhlela said it was of grave concern that the timing of this appointment coincided with Mothibi’s findings against Ramaphosa’s nephew Hangwani Maumela in the Tembisa Hospital corruption scandal.

“The MK Party firmly believes that Mr Cyril Ramaphosa’s decision to appoint Adv Mothibi as NDPP is intended to shield his nephew from imminent arrest and prosecution.”

Sowetan