Mothibi Assumes Office as National Director of Public Prosecutions Amid Court Challenge, Inherits 218 State Capture Cases
PRETORIA, 2 February 2026. Advocate Andy Mothibi took office as South Africa's National Director of Public Prosecutions on Monday, succeeding Advocate Shamila Batohi at the helm of the National Prosecuting Authority, even as a Johannesburg attorney filed papers in the Gauteng High Court seeking...
Mothibi Assumes Office as National Director of Public Prosecutions Amid Court Challenge, Inherits 218 State Capture Cases
PRETORIA, 2 February 2026. Advocate Andy Mothibi took office as South Africa's National Director of Public Prosecutions on Monday, succeeding Advocate Shamila Batohi at the helm of the National Prosecuting Authority, even as a Johannesburg attorney filed papers in the Gauteng High Court seeking to have his appointment declared unlawful and set aside.
Mothibi, who led the Special Investigating Unit for several years before his surprise appointment in January, said he was prepared to assume the role despite the pending legal action. The Presidential spokesperson, Vincent Magwenya, said the Presidency would "respond accordingly" to the court application. Batohi, who held the position for seven years, prepared a comprehensive handover report and briefed Mothibi before he assumed duty.
Attorney Barnabas Xulu filed the court challenge on grounds of procedural unfairness, arguing that Mothibi had not been subjected to the same formal interview process as the six candidates assessed, and found unsuitable, by the advisory panel that President Cyril Ramaphosa ultimately disregarded when making the appointment. Xulu contended that Ramaphosa should have waited for the courts to confirm the validity of the advisory panel's process before acting on its findings.
Mothibi inherits an authority at the centre of South Africa's post-State Capture accountability reckoning. The NPA was actively pursuing 218 criminal investigation recommendations arising from the Zondo State Capture Commission of Inquiry; as of early 2026, 12 of 24 identified cases had been enrolled for prosecution, with the trial in the Transnet advisory contract matter scheduled to begin in February. Mothibi said that state capture prosecutions, cases referred from the Madlanga Commission of Inquiry, and matters originating in SIU investigations would be among his priorities.
The incoming NDPP also faces the continuation of the long-running arms-deal corruption trial of former President Jacob Zuma, a case repeatedly delayed by procedural challenges over more than a decade. Legal analysts said Mothibi's background heading the SIU, which had secured significant asset recoveries and referred numerous matters to the NPA, gave him practical knowledge of a key pipeline of cases, though he would need to demonstrate independence from his previous investigative role.
The Gauteng High Court dismissed the challenge to Mothibi's appointment in late March 2026, finding that the applicant lacked the legal standing to bring the application.
The NPA is a constitutionally established institution responsible for prosecuting criminal offences in South Africa on behalf of the state.