In a strategic legal retreat, attorney Barnabas Xulu’s law firm has agreed to withdraw the urgent part of its court bid to block President Cyril Ramaphosa’s appointment of a new National Director of Public Prosecutions (NDPP).
However, the firm has defiantly vowed to continue its pursuit of the full record behind the controversial selection process. It set a Friday deadline for Ramaphosa to avoid further litigation by disclosing all Advisory Panel documents.
The State Attorney, representing Ramaphosa and the Advisory Panel on the NDPP appointment, has received formal notice that the urgent court application seeking to interdict the process has been partially withdrawn. However, the central dispute over transparency remains firmly alive.
Matter removed from court roll
In a letter dated Wednesday, January 7, B Xulu and Partners Incorporated (BXI) informed the State Attorney’s office that the firm would withdraw Part A of its application — which sought an urgent interdict — and remove the matter from the court roll for January 20.
This follows the state’s argument, articulated by State Attorney Carol Mabena, that the appointment of Advocate Jan “Andy” Mothibi — a candidate not interviewed by the Advisory Panel — had rendered the interdict application moot. The panel, which interviewed candidates including former investigative head Hermione Cronje, had reportedly found none of the shortlisted candidates suitable.
Despite conceding on the urgent interdict, Xulu’s firm mounted a significant counter-pressure play. The letter states clearly that the firm “still intend[s] pursuing the record of proceedings (including the recommendations to the president) in terms of the Rule 53 process together with the relief that was sought under Part B. That element is for us not moot.”
Deadline for the report
The firm has presented a potential off-ramp to avoid a protracted legal battle. Xulu’s letter proposes an “in toto withdrawal of the matter if the president can agree to provide the full record of the Advisory Panel to obviate the need for further litigation.”
A tight deadline has been set, demanding the state’s position by 16:30 on Friday, January 9.
This development marks a pivotal moment in the contentious appointment process. While it clears the immediate path for Mothibi’s appointment to proceed unchallenged by an urgent interdict, it ensures sustained scrutiny on President Ramaphosa’s office.
The firm’s conditional withdrawal shifts the focus from stopping the appointment to investigating the integrity of the process that preceded it, keeping the controversy firmly in the legal and public arena.
The state had previously warned that if BXI did not withdraw the application, it would file opposing affidavits by January 12. And it would seek a costs order against the firm for expenses incurred after its mootness declaration.
