Pretoria High Court Hears Arguments Over Legality of Andy Mothibi’s Appointment as NDPP

President Ramaphosa's legal team asks Pretoria High Court to dismiss a challenge against Andy Mothibi’s appointment as NPA boss, citing executive authority.

By: AXL Media

Published: Mar 18, 2026, 9:38 AM EDT

Source: The information in this article was sourced from EyeWitness News

Legal Dispute Over Presidential Prerogative and Appointment Protocols

A significant legal battle unfolded in the Pretoria High Court on Wednesday as President Cyril Ramaphosa’s legal representatives defended the appointment of Andy Mothibi to the nation's top prosecutorial post. The Presidency maintained that there is no valid legal basis for the challenge brought against Mothibi’s role as the National Director of Public Prosecutions (NDPP). The defense argued that the President acted within his executive authority after an initial selection process failed to yield a suitable candidate from the shortlisted group.

Law Firm Alleges "Fundamentally Flawed" Selection Process

The challenge was spearheaded by the law firm B Xulu and Partners Incorporated, which argued that the appointment process was irregular. The firm’s core contention is that Mothibi should have been subjected to the same public interview process as other candidates. The Presidency had originally established an advisory panel to conduct transparent interviews to select the NDPP; however, B Xulu and Partners believes bypassing this established mechanism for Mothibi’s specific appointment undermines the transparency of the National Prosecuting Authority (NPA).

The Advisory Panel's Conclusion and the Direct Appointment

The court heard that the advisory panel interviewed six candidates for the position but concluded that none were suitable for the role. Following this outcome, President Ramaphosa opted to appoint Mothibi directly. While the law firm views this as an irregular deviation from the established protocol, the Presidency’s representative, Advocate Chabedi, countered that the application is unnecessary. Chabedi argued that the President’s move was a necessary executive action to ensure leadership at the NPA after the formal panel process reached a stalemate.