Mixed reactions to Mothibi's NDPP appointment
Political parties on Wednesday expressed mixed reactions at the appointment of Special Investigating Unit (SIU) head Advocate Andy Mothibi as the National Director of Public Prosecutions (NDPP), criticising the advisory panel handling the selection process, chaired by Minister of Justice and Constitutional Development Mmamoloko Kubayi.
Mothibi is appointed with effect from February 1.
This after the advisory panel handling the selection process advised Ramaphosa that none of the interviewed candidates were suitable for the role of NDPP.
Democratic Alliance (DA) Spokesperson on Justice and Constitutional Development Glynnis Breytenbach said Mothibi's appointment must be intended to translate into better management of the NPA, more prosecutions, and a reduction in crime.
"The appointment process itself is not without serious deficiencies, leaving much to be desired," she said.
Breytenbach pointed out that Mothibi is well-suited to lead the NPA, however said a major stumbling block is his age.
"At 63 years of age, he has an extremely limited opportunity to make any impact at all and will have his work cut out for him. It is somewhat concerning that the President has seen fit to appoint someone of Mothibi's age, given the serious and systemic issues currently within the NPA. The job itself is a much bigger one than that of Head of the SIU," she explained.
The panel conducting the interviews to select a new NDPP was established in October by President Cyril Ramaphosa, ahead of the end of advocate Shamila Batohi's term of office later this month.
Breytenbach stated that the panel lacked any form of prosecution experience.
"…it was devoid of criminal justice experts, and its inclusion of disgraced former NPA boss Menzi Simelane showed just how incapable the panel was," she added.
Breytenbach also criticised Ramaphosa's handling of the process of finding a new NDPP, calling it "appalling".
"The president unnecessarily delayed the process for months, and when he finally initiated the process after sustained DA-led pressure, it had to be rushed due to time constraints. There is no doubt that this is a major reason why the ill-suited panel was unable to fulfil its mandate," she said.
The DA urged Mothibi to prioritise the appointments of Deputy National Directors, calling on Ramaphosa to immediately initiate a public and transparent process to deal with the appointments.
The Economic Freedom Fighters (EFF) said it had long cautioned that South Africa is subject to what can be defined as an "executive dictatorship" in terms of critical appointments in the judiciary and in chapter 9 institutions, pointing to Ramaphosa unilaterally appointing Mothibi.
"This unique instance where the panel saw no one fit among those they interviewed to be an NDPP, presents another concerning legislative loophole that gives undue discretion to the executive, which requires attention," the EFF said.
The party raised concerns regarding the way Mothibi's NDPP appointment was handled, arguing that the interview panel and the public interviews were established to promote transparency and accountability.
The EFF called for a mechanism, through a consultative process, in instances where panels fail to identify a credible candidate.
The party urged Mothibi to prove that the NPA will function independently and decisively.
"…cases, regardless of who may be involved, or their political exposure must be prioritised and prosecuted without fear, favour or political consideration," it said.
The uMkhonto we Sizwe Party (MKP) claimed that Mothibi's appointment appears to be "pre-orchestrated, politically deliberate and part of a systematic process" to place Mothibi in a "constitutionally critical position."
MKP national spokesperson Nhlamulo Ndhlela said the timing of the appointment was concerning as it coincided with Mothibi's own findings, during his tenure as head of SIU, that there was prima face evidence implicating Ramap...