Mothibi takes office as prosecutions boss amid legal challenge
Updated | By Kubobonke Luthuli
Monday is the first day in office for the country's new prosecutions boss, Advocate Andy Mothibi.
The former head of the Special Investigating Unit steps into the role with a cloud hanging over his appointment.
President Cyril Ramaphosa's decision to appoint Mothibi is being challenged in a Gauteng court.
Law firm, B Xulu and Partners Incorporated, argues that it was unlawful and should be set aside.
Mothibi wasn't among the six candidates interviewed by an advisory panel to succeed Shamila Batohi as National Director of Public Prosecutions.
Legal expert Sunil Singh says that despite the court challenge, Mothibi is legally required to assume office today.
" Now, bearing in mind that he has not been interviewed, he hasn't been through the due process, which all the other seven candidates have been, and there is no justification for his appointment at this point in time in terms of the court papers as indicated in Xulu's papers.
"And obviously he's amended those papers as well to obviously incorporate other aspects of the failure to apply to the processes of what has taken place for the appointment of the head of the NPA."
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