Concerns Raised Over Appointment of New National Director of Public Prosecutions
Johannesburg – The recent appointment of Andy Mothibi as the National Director of Public Prosecutions (NDPP) has sparked controversy, with political analysts suggesting the move could be a strategic manoeuvre to shield politicians, including President Cyril Ramaphosa's nephew, Hangwani Maumela, from prosecution in connection with the looting of Tembisa Hospital.
Mothibi's appointment, set to take effect on February 1 following Advocate Shamila Batohi's retirement, bypassed the public interview process conducted by an advisory panel last year. The panel, led by Justice Minister Mmamoloko Kubayi, interviewed six shortlisted candidates but deemed none suitable for the role, raising questions about the rationale behind Mothibi's selection.
Political analyst Professor Ntsikelelo Breakfast expressed concerns about the transparency of the appointment process, stating: “Something is not right about this appointment. It should not have been done this way. The appointment was not made in good faith. This is a smack in the face to the citizens of this country.” He added that the powers vested in the president should be used to advance national interests, not personal ones, suggesting the appointment was politically motivated. “In this case, there are political dynamics, and this is a real political move,” said Breakfast.
The MK Party echoed these sentiments, suggesting the decision to appoint Mothibi was intended to shield Maumela from imminent arrest and prosecution. The party called on Mothibi to act decisively and ensure Maumela's immediate arrest and prosecution. Similarly, the EFF urged Mothibi to prosecute cases without fear, favour, or political consideration, regardless of who may be involved.
President Ramaphosa defended his decision, telling journalists that he used his constitutional powers to appoint Mothibi after the panel advised him that none of the interviewed candidates were suitable for the job.
Mothibi's previous role as the head of the Special Investigating Unit (SIU) has come under scrutiny in light of his new appointment. During his tenure at the SIU, Mothibi identified Maumela as the head of one of three major syndicates that allegedly siphoned more than R2 billion from Tembisa Hospital through fraudulent tenders, inflated prices, and non-existent deliveries. The syndicates purportedly used shelf companies and non-compliant bidders to benefit from funds intended for healthcare services.
The investigation into Tembisa Hospital was initiated following a report from whistleblower Babita Deokaran, the chief financial accounting officer at the Gauteng Department of Health, who flagged suspicious transactions before her assassination in August 2021.
Political analyst Professor Andre Duvenhage expressed scepticism about Mothibi's ability to take action against Maumela and senior ANC politicians, including Ramaphosa. “I have serious concerns about this. Maumela’s position is linked to senior politicians, and as a result, with a dysfunctional system, you just don’t do the work, and automatically delay the processes,” he said, adding that this undermines the Constitution.
Another political analyst, Zakhele Ndlovu, emphasised the importance of Mothibi fast-tracking prosecution against Maumela, stating that any delays would be perceived as protecting him on Ramaphosa's instruction. “Ultimately, the pressure is on both Ramaphosa and Mothibi to expedite the prosecution of this case. They don’t want to create the impression that some people are above the law,” Ndlovu said.
The SIU's investigation revealed that Maumela allegedly used a network of 41 companies to siphon off R820 million from Tembisa Hospital. As a result, the SIU raided his home, confiscating three Lamborghinis, designer furniture, expensive artwork, and other property. The total value of assets preserved was R133.5m, with a total of R900m worth of assets targeted.
The appointment comes against the backdrop of the National Prosecuting Authority's (NPA) decision in 2024 not to prosecute Ramaphosa and the head of South Africa’s Presidential Protection Service (PPS), Wally Rhoode, in connection with the Phala Phala farm scandal. The scandal originated from a 2020 burglary at Ramaphosa’s private farm, where an estimated $4m (roughly R60m) in foreign currency hidden in a couch was stolen. Instead of reporting the matter to the SAPS, Ramaphosa allegedly instructed Rhoode to use the Presidential Protection Unit (PPU) and Crime Intelligence resources for a private investigation.
Despite the controversy surrounding his appointment, Batohi welcomed Mothibi as her successor, stating that his appointment comes at an important moment as the NPA continues on its journey of rebuilding, strengthening institutional integrity, and advancing justice.
Mothibi's leadership has been described as having transformed the SIU into a highly effective anti-corruption body. As head of the SIU, he has been widely credited with successfully leading investigations into state capture at Transnet, Eskom, and PRASA, which resulted in significant financial recoveries and consequences for wrongdoers. He recovered approximately R710m at Transnet by the end of the 2023/24 financial year, successfully froze R4.2bn linked to a locomotive supplier, and pursued civil proceedings to recover another R834m. He also secured recoveries of R1.577bn and set aside or invalidated contracts worth approximately R10.2 bn at Eskom. An SIU report last year revealed that PRASA executives awarded irregular contracts worth R2.8bn over a decade, with six security companies identified as the primary beneficiaries of R1.6bn in irregular tenders.
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