Judgment reserved in legal battle over NPA head's appointment

The Pretoria High Court has reserved judgment in a legal challenge seeking to have the appointment of National Prosecuting Authority (NPA) head Andy Mothibi declared invalid and unlawful.

The court heard arguments on Wednesday from law firm B Xulu and Partners Incorporated, which contends that the process leading to Mothibi’s appointment was fundamentally flawed.

The firm argues that Mothibi should have been interviewed by the independent advisory panel appointed by President Cyril Ramaphosa to select a successor to Shamila Batohi.

While the panel interviewed six other candidates, none were deemed suitable for the position. Following this, the President proceeded to appoint Mothibi directly.

B Xulu and Partners Incorporated argued in court that this constituted preferential treatment, as Mothibi assumed the role without undergoing a public interview process.

ALSO READ: Ramaphosa's legal team wants bid against Mothibi's appointment dismissed

The firm further questioned the logic of establishing an advisory panel if the President ultimately intended to appoint an individual who had not been vetted through that specific process.

In response, Ramaphosa, represented by counsel Dikeledi Chabedi, maintained that the constitutional authority to appoint the head of the NPA rests solely with the head of state.

"The minute the applicant entered the door of the court, he said he is not imputing the character of Advocate Andy Mothibi and he’s not challenging the president’s power in terms of section 179. That should be the end of it," argued Chabedi.

The Pretoria High Court has reserved judgment in the matter.