By Lehlohonolo Lehana.
The National Assembly (NA) Speaker Nosiviwe Mapisa-Nqakula’s urgent court bid to avoid arrest has been struck off the roll in the High Court in Pretoria.
Judge Sulet Potterill ruled that the case wasn’t urgent as the state had indicated it wouldn’t oppose bail, and arrest without detention isn’t a basis for urgency.
The judgment emphasised that emotional pleas couldn’t substitute factual evidence.
Mapisa-Nqakula faces 12 corruption charges and one money laundering charge related to R4.5 million from her time as defence minister.
She claimed her arrest was imminent, but the court ruled against her, ordering her to pay costs.
Mapisa-Nqakula is accused of taking bribes amounting to R2.3 million from a supplier in the Department of Defence.
According to the National Prosecuting Authority (NPA), in December 2016, she received R700 000 from the service provider in two payments, and a further R350 000 was allegedly given to her in two transactions dated July and November 2017.
In August of the following year, she allegedly gained a further R250 000 before, the state claims, amassing R450 000 in cash bribes a month later, as well as the alleged failed R2 million demand Mapisa-Nqakula made to the business person.
The remainder of the R800 000 was allegedly given to her in February, April and July 2019, including an alleged R300 000 payment and a wig the contractor is said to have given to her at OR Tambo International Airport. Seven of the payments, the state claims, were made in the Johannesburg suburb of Bruma, where Mapisa-Nqakula’s house is.
Last month, the Investigating Directorate (ID) conducted a search and seizure operation at Mapisa-Nqakula’s Bruma, Johannesburg, home. This operation is linked to the investigation into alleged corruption reportedly involving Mapisa-Nqakula’s tenure as minister of defence and military veterans.
National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga gave no indication when the Parliamentary speaker will hand herself over for arrest.
“We don’t discuss issues of arrests, evidential issues, and investigative processes in the media. But obviously, the wheels of justice will now be in motion. We’ve always maintained that this is unprecedented and we didn’t have to be brought to court.
“We have always maintained that the process of arrest will be done seamlessly,” Mhaga said.
In her judgment, Potteril said the effect of the relief that Mapisa-Nqakula sought would “open the floodgates” for suspects to interdict their arrests on the basis that they were unlawful and the cases against them were weak.
“In the applicant’s affidavit, there are a variety of emotive garnishing on which the court unfortunately cannot take cognizance and make factual decisions on. However, even if the court finds that the matter is not urgent, the court must still make sure that there is substantial redress in a hearing in due course.
Meanwhile, political parties have welcomed the judgment.
The Freedom Front Plus (FF Plus) said Mapisa-Nqakula cannot expect special treatment because she is the Speaker of the National Assembly.
“Neither she nor anyone else in South Africa is above the law. She should be arrested as soon as possible and then apply for bail, just like any other ordinary citizen. This should serve as an example for other politicians and high-ranking officials; no one should violate the law and think they can get away with it.”
“The FF Plus will support a motion of no confidence against Mapisa-Nqakula in the National Assembly,” the party said.
The Economic Freedom Fighters (EFF) demanded the immediate arrest of Mapisa-Nqakula after her “failed attempt to evade justice”.
“By seeking to circumvent the legal process she has shown blatant disregard for the gravity of the charges against her. We demand that law enforcement agencies swiftly proceed with the arrest of Mapisa-Nqakula and ensure that she faces the full consequences of her actions
“The EFF reiterates that Mapisa-Nqakula must step down from her position, as her continued presence in the National Assembly flagrantly undermines its integrity,” the red berets said.
Democratic Alliance (DA) Chief Whip Siviwe Gwarube said the party has written to the Deputy Speaker, Lechesa Tsenoli, to demand the immediate scheduling of the motion of no confidence against Mapisa-Nqakula.
“This decision underscores the urgency and necessity of proceeding with the motion of no confidence in Mapisa-Nqakula. The court’s ruling sends a clear message that the legal process must be allowed to take its course, and individuals facing serious allegations cannot evade accountability,” Gwarube said.