Andy Mothibi, the newly appointed National Director of Public Prosecutions, has outlined plans to make South Africa's National Prosecuting Authority fully independent from political oversight. During his first media briefing in Pretoria on 12 March, he announced a draft amendment to the NPA Act for tabling in Parliament next financial year.
Andy Mothibi began his role as head of the National Prosecuting Authority (NPA) two months ago, succeeding Shamila Batohi who left office in January. In his inaugural media briefing held in Pretoria on 12 March, Mothibi emphasized the need for operational and financial independence to protect the NPA from political interference, a goal pursued since its establishment in 1998.
He revealed ongoing discussions with the Ministry of Justice and Constitutional Development, which have pledged support for legislative reforms. 'I have been in discussions with the Ministry of Justice and Constitutional Development on this subject, and I am pleased to say that the ministry and department are fully supportive and have committed to drive the legislative reform process,' Mothibi stated. The proposed amendment to the NPA Act would establish the NPA as its own entity with an independent accounting officer, granting control over budgets, salaries, hiring, and administration—powers currently held by the Department of Justice.
Experts view this as achievable. Dr Jean Redpath from the University of the Western Cape’s Dullah Omar Institute described the legislation as 'critically important,' noting support from new Justice Minister Mmamoloko Kubayi and a changed departmental leadership. Lawson Naidoo of the Council for the Advancement of the South African Constitution estimated the process might take two years, aligning with Mothibi's term, though success depends on Parliament.
Mothibi, aged 63 and required to retire at 65 despite the NDPP's intended 10-year term, spent his first month conducting a situational analysis of staff, processes, and systems. He addressed challenges in State Capture prosecutions, where the Investigating Directorate Against Corruption handles 134 recommendations but has finalized only three cases, including the seven-year sentence for former ANC MP Vincent Smith in the Bosasa matter. Mothibi committed to more convictions in such cases.
Other priorities include filling four deputy positions and other vacancies to bolster expertise in complex prosecutions, alongside implementing the NPA’s Strategy Against Organised Crime finalized in August 2024. This targets syndicates, money-laundering, and enablers like accountants and lawyers. 'I am satisfied that [in] two years, if we execute and implement the annual performance plans as we have planned, we are going to see a positive difference,' he said.
Batohi had inherited an NPA recovering from State Capture-era corruption, facing capacity issues that Mothibi now aims to address.
