The DA congratulates Advocate Andy Mothibi on his appointment as National Director of Public Prosecutions. His 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.
As the SIU head and with experience as a former prosecutor and magistrate, Mothibi is well-suited to lead the National Prosecuting Authority. 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 Mr 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.
His appointment comes at a time when the NPA faces many difficulties.
Criminality has taken hold of the country, and the NPA needs a leader who will recapacitate the hollowed-out institution and reform the prosecutorial service into a crime-fighting machine.
It comes as no surprise that the panel tasked with finding Shamila Batohi’s replacement was unable to make a recommendation. 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.
The president’s handling of the process of finding a new NDPP has been 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.
Adv Mothibi assumes this position at a time when the positions of the Deputy National Directors are also vacant, a problem that needs urgent attention. The DA urges Adv Mothibi to make this a priority, and we urge the President to initiate, immediately, a public and transparent process to deal with these appointments. It is crucial that there is long term consequence management developed at the top level in the NPA.
We hope that Adv. Mothibi’s appointment hails a successful era for the NPA – an era where state capture cases are finally prosecuted and crime is met with the full force of the law.