High Court to hear application to set aside Andy Mothibi's appointment as NDPP

The High Court in Pretoria will hear an application on Wednesday, seeking to set aside the appointment of Andy Mothibi as the National Director of Public Prosecutions (NDPP).

Law firm B Xulu and Partners Incorporated filed the bid to have Mothibi’s appointment declared irregular.

The firm argues that the way President Cyril Ramaphosa carried out Mothibi's appointment to the position was unlawful.

The High Court will hear arguments from the firm and the Presidency on Wednesday.

Last year, Ramaphosa set up an advisory panel to facilitate the selection of an NDPP.

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However, after the interviews were concluded, the panel did not recommend any of the candidates.

The president then used his constitutional powers to appoint Mothibi as head of the National Prosecuting Authority (NPA), despite not being one of the interviewees.

B Xulu and Partners Incorporated argues that because Mothibi did not go through the panel process, his appointment was unlawful.

However, Section 179 of the Constitution gives the president the authority to appoint the NDPP.

The Constitution also does not require the use of an advisory panel, with the president maintaining that it was established purely to ensure transparency in the process.