PRETORIA - A legal challenge to overturn the appointment of National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi has been dismissed.
Barnabas Xulu of B Xulu and Partners filed an urgent bid last month to have Mothibi’s appointment nullified.
He contended the NPA head’s appointment was unlawful, arguing that the advisory panel used in the selection of candidates for the NDPP position was unconstitutional.
Mothibi was not interviewed for the position, and none of the seven candidates who went through the process made the cut.
On Tuesday, the Gauteng High Court in Pretoria said Xulu’s arguments lacked locus standi and confused consistency with rationality.
“It’s arguably unfair to appoint the tenth respondent [Mothibi] without him being screened by an advisory panel. The President was, however, not constrained to again use an advisory panel to appoint the tenth respondent. Time was running out as the incumbent would vacate her position at the end of January.”
The court said Mothibi’s appointment without a public screening process was not a deviation from a publicly announced procedure to screen candidates.
“That process had been concluded and had failed to identify a suitable candidate. The President was acting in a procedurally rational manner in changing tack,” read the judgment.