Law firm points to irregularities in panel established to appoint NPA head

Law firm B Xulu and Partners Incorporated believes there were widespread irregularities in the independent advisory panel established to appoint the National Director of Public Prosecutions (NDPP).

The firm is presenting its case in the Pretoria High Court, seeking to have both the establishment of the panel and the appointment of Andy Mothibi as NDPP set aside.

While the panel recommended that none of the interviewed candidates be appointed as the National Prosecuting Authority (NPA) head, the president later exercised his powers to appoint Mothibi to the position himself.

The law firm argues the president should not have appointed Mothibi without first considering the objections of the advisory panel.

B Xulu and Partners Incorporated’s argument centres on the inclusion of Advocate Hermione Cronje among the six candidates interviewed for the position of NDPP.

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The firm argues Cronje is compromised and should not have been shortlisted for the interviews.

It further claims to have evidence dating back to 2020 suggesting that Cronje shared confidential NPA information with external parties.

It said her inclusion in the interview process tainted the validity of the advisory panel.

Advocate Nqana Buthelezi, representing B Xulu and Partners Incorporated, argues that both the president and the panel should have properly addressed these objections before appointing Mothibi to the position.

“We raised a 100-page objection, which was disregarded by the president, since we accept that the advisory panel was the president himself.”

He further argues that Mothibi should have been subjected to the same interview process as all other shortlisted candidates.