Law firm argues Ramaphosa gave Mothibi preferential treatment in his appointment as NPA head

A law firm challenging the appointment of Andy Mothibi as National Prosecuting Authority (NPA) head argues that the president gave Mothibi preferential treatment.

The High Court in Pretoria heard an application by B Xulu and Partners Incorporated, who are questioning the legality of Mothibi’s appointment.

It said that the fact that Mothibi was not subjected to the same interview process as all other shortlisted candidates makes his appointment irregular.

President Cyril Ramaphosa had established an independent advisory panel to interview six shortlisted candidates for the position, but it recommended that none were suitable.

B Xulu and Partners Incorporated argues that the independent advisory panel established by the president to select the head of the NPA was nothing more than a proxy.

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The firm questioned the logic of the president appointing Mothibi to the position, despite him never being interviewed by the advisory panel.

Their central argument is that Mothibi received preferential treatment, which was unfair to the other candidates who underwent the public interview process.

The firm's Advocate Nqaba Buthelezi said that the president could have instructed the panel to extend the process and interview all candidates, rather than directly appointing Mothibi.

"This application does raise a frontal point about a central issue of constitutional validity of how the president appoints the National Director of Public Prosecutions. The fact that the President opened the process to public scrutiny and subsequently shielded it is a valid point to be brought to the court’s attention.

Section 179 of the Constitution gives the president the power to appoint an NPA head or delegate the responsibility to any other official body.