Ramaphosa appoints Andy Mothibi as new head of South Africa’s NPA

President Cyril Ramaphosa has chosen Jan Lekgoa “Andy” Mothibi to lead South Africa’s National Prosecuting Authority (NPA), sidelining a shortlist of six candidates interviewed by an advisory panel. A statement from the Presidency on 6 January 2026 said the panel, chaired by Justice Minister Mmamoloko Kubayi, concluded that none of the interviewees were suitable, prompting Ramaphosa to exercise his constitutional discretion to appoint the Special Investigating Unit (SIU) boss effective 1 February 2026. Mothibi’s appointment follows an open selection process but has drawn both praise and criticism because he was not subjected to the public interviews as reported by Eye witness News.

Why it matters

The NPA has faced leadership turbulence and waning public confidence since the state‑capture era. Ramaphosa’s decision to call in Mothibi signals an attempt to reset the prosecuting authority and improve its capacity to combat corruption. The SIU under Mothibi has pursued major procurement‑fraud cases and recovered billions of rand for the state, suggesting he could replicate that drive at the NPA. However, the unusual manner of his appointment has raised questions about transparency and may affect perceptions of independence.

The appointment process

• Advisory panel:  A seven‑member panel chaired by Kubayi, including heads of several constitutional commissions, interviewed six candidates from 32 applicants. In its report to the president on 12 December 2025, it advised that none were suitable. This left Ramaphosa free, under the Constitution and the NPA Act, to appoint someone of his choice.

• Constitutional discretion:  After receiving the panel’s report, Ramaphosa invoked section 179 of the Constitution to appoint Mothibi. The Presidency acknowledged that the decision diverged from the shortlist but argued that the Constitution allows the president to act when a panel does not recommend a candidate.

• Succession at the SIU:  Because Mothibi will vacate his SIU post, the president appointed Leonard Lekgetho, the unit’s chief operations officer, to serve as acting head from 1 February 2026. Lekgetho has more than 22 years’ forensic‑investigation experience.

As SIU head, Mothibi oversaw the Tembisa Hospital corruption probe, where investigators identified seven syndicates that siphoned more than R2 billion from the hospital’s procurement budget. The SIU secured preservation orders against luxury properties and vehicles and is pursuing civil recovery proceedings; Mothibi vowed to “claw back every cent” taken from the public purse. Business Day noted that the SIU’s work at Tembisa led to asset preservations and referrals to prosecutors. These achievements underpin perceptions of Mothibi as a determined anti‑corruption investigator.

What lies ahead

Mothibi will succeed Shamila Batohi, who was appointed as South Africa’s first female NDPP in 2019 and reaches the mandatory retirement age of 65 this month. Batohi’s tenure was marked by resource shortages and slow progress on state‑capture prosecutions. As NDPP, Mothibi will be tasked with turning the SIU’s investigatory successes into courtroom results, ensuring timely prosecutions and rebuilding trust in the NPA. He must also work with Parliament to fill deputy NDPP posts and strengthen internal governance.

Observers agree that his appointment gives the NPA a leader with forensic‑investigation expertise, but they caution that restoring prosecutorial independence will require more than one appointment. The true test will be whether Mothibi can pursue high‑profile cases without fear or favour while navigating political scrutiny. As CASAC’s Naidoo noted, “given his experience, [Mothibi] should be able to adapt and to lead the NPA successfully”.

Source: EyeWitness News