DA Demands Answers After Ramaphosa’s Surprise NDPP Appointment

President Cyril Ramaphosa’s unexpected choice of Advocate Andy Mothibi as the country’s next National Director of Public Prosecutions has sparked a fresh political and legal battle, this time over secrecy.

The Democratic Alliance (DA) has formally turned to the Promotion of Access to Information Act (PAIA) in an effort to force the release of the report that informed Ramaphosa’s decision. At the centre of the dispute is a simple but loaded question: why was the public kept in the dark?

A Decision That Raised Eyebrows

Ramaphosa announced Mothibi’s appointment last week, following advice from an independent panel that reportedly found none of the interviewed candidates suitable for the role.

The move caught many off guard, including shortlisted candidates who had already undergone interviews, opposition parties, and legal observers. Adding to the surprise was the fact that Mothibi was not among the candidates interviewed by the seven-member advisory panel, which assessed 18 applications.

The Presidency has since confirmed that the report guiding the President’s decision will not be released publicly, arguing it was prepared solely to advise him and that there is no legal obligation to disclose it.

DA Pushes Back Using PAIA

The DA is not accepting that explanation.

In a statement on Sunday, the party’s justice and constitutional development spokesperson, Advocate Glynnis Breytenbach, said the refusal to release the report undermines public trust in an institution already under strain.

“The President cannot exercise sweeping constitutional powers behind a veil of secrecy,” Breytenbach said, arguing that South Africans have a right to scrutinise a process that determines who leads the country’s prosecuting authority.

According to the DA, the report is central to assessing whether the appointment was lawful, rational and fair especially given that the advisory panel’s work appears to have been set aside without a public explanation.

Why the NPA’s Credibility Matters

This controversy lands at a sensitive moment for the National Prosecuting Authority (NPA).

Years after the Zondo Commission laid bare the scale of state capture, the NPA continues to face criticism for slow progress on high-profile corruption cases, limited capacity, leadership instability and lingering perceptions of political interference.

Legal analysts have long warned that rebuilding public confidence in the NPA depends not only on successful prosecutions, but also on transparent and credible leadership appointments.

On social media, reaction has been mixed but intense. Some users have defended Ramaphosa’s constitutional right to appoint an NDPP, while others question how an “open and transparent” process, as the President described it last November could end with a candidate chosen outside the interview process.

Presidency Defends Its Ground

Ramaphosa has maintained that he acted fully within his constitutional powers. The Constitution grants the President authority to appoint the NDPP, a point his defenders are quick to emphasise.

Critics, however, argue that legality alone is not enough. They say transparency is crucial, particularly when the advisory panel’s conclusion, that none of the candidates were suitable, effectively nullified months of interviews and public assurances.

What Happens Next

Mothibi, the former head of the Special Investigating Unit (SIU), will officially take office on 1 February, replacing Advocate Shamila Batohi, whose term ends in January.

Whether the PAIA application succeeds could set an important precedent, not just for this appointment, but for how much insight the public can demand into future decisions affecting South Africa’s justice system.

For now, the battle lines are drawn between presidential discretion and public accountability and the credibility of the country’s top prosecuting office hangs firmly in the balance.

{Source: IOL}

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