There’s still no finality to Speaker of the National Assembly Nosiviwe Mapisa-Nqakula’s urgent application to prevent her arrest and the National Prosecuting Authority (NPA) from criminally charging her for corruption.
On Monday, 25 March, in the High Court sitting in Pretoria, Judge Sulet Potterill reserved her judgment and said she would give a ruling on 2 April 2024.
And, there was some relief for Mapisa-Nqakula and her legal team, led by Reg Willis SC. The NPA said it would not effect any arrest until Potterill has announced her ruling.
This follows a raid of her house in Bruma, Johannesburg by the Hawks last Tuesday after allegations surfaced about the Speaker being involved in a R2.3 million corruption scandal dating back to a time when she was minister of defence.
‘GIFT BAGS FILLED WITH CASH DELIVERED TO MAPISA-NQAKULA’
Mapisa-Nqakula is accused of soliciting cash bribes delivered in gift bags filled by defence industry businesswoman Nombasa Ntsondwa-Ndhlovu, the wife of a general in the military health service, according to media reports. Ntsondwa-Ndhlovu’s company, Umkhombe Marine, purportedly received contracts worth millions from South African National Defence Force (SANDF) while Mapisa-Nqakula was a defence minister.
As per the Companies and Intellectual Property Commission, Umkhombe Marine is currently under voluntary liquidation.
According to an affidavit floating around on social media, Ntsondwa-Ndhlovu is now a Section 204 whistleblower.
NPA spokesperson Mthunzi Mhaga indicated on Sunday that the Independent Directorate would oppose the application by the speaker, saying “it is baseless and has no merit”.
According to a report by M&G, Mapisa-Nqakula is facing 12 corruption charges and one of money laundering.
‘NPA MIGHT HAVE MADE A MISTAKE,’ SAYS LAW EXPERT
Constitutional law expert Professor Pierre de Vos says ANC’s continued support of Speaker Nosiviwe Mapisa-Nqakula signals it’s not serious about stopping corruption.
He says whether or not Mapisa-Nqakula remains Speaker of the National Assembly is a political decision the ANC caucus was entitled to make.
“Whether Nosiviwe Mapisa-Nqakula remains Speaker of the National Assembly is not a legal matter. Neither is it a matter of the application of the ANC’s step-aside rule, as that rule applies to stepping aside from party activities.
“As with all the previous ANC decisions to replace the Speaker, this is a purely political decision that the ANC caucus is entitled to make,” De Vos said in the Daily Maverick.
De Vos said while the Speaker was entitled to fair treatment by the NPA, given the recent history of bumbling by the prosecuting authority in high-profile cases, the NPA may have made mistakes in this case.
“She is not entitled to dictate to the NPA how she should be brought before a court,” said De Vos.
SPEAKER TAKES ‘SPECIAL LEAVE’
Last Thursday, Mapisa-Nqakula went on special leave days after her house in Bruma, Johannesburg, was raided by the NPA. In a statement she released, the Speaker said neither she nor her legal team was aware of plans to arrest her.
“I wish to place it on record that while the Investigating Directorate of the National Prosecuting Authority conducted a search and seizure at my residence, there has been no formal notification of an arrest warrant or communication regarding an imminent arrest for me, neither to me nor my legal team.
“My lawyers have, however, proactively informed the NPA of my readiness to comply and co-operate should the need arise,” she said at the time.
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