By Lehlohonolo Lehana.
Former Defence Minister Nosiviwe Mapisa-Nqakula has informed the Pretoria High Court that she intends to file a Section 174 discharge application in her corruption and money laundering case.
A Section 174 application allows the court to discharge an accused if it finds that there is no evidence upon which a reasonable person, acting carefully, might convict. If the application is unsuccessful, the defence will present its case.
Mapisa-Nqakula faces 12 counts of corruption and one count of money laundering stemming from her tenure as defence minister between 2016 and 2019.
She made a brief appearance in the Pretoria High Court on Thursday. The matter was adjourned to 20 August for the defense to receive transcripts of witnesses’ evidence.
The State alleges she solicited or received about R4.5-million from Nombasa Ntsondwa-Ndhlovu while serving as minister of defence.
Ntsondwa-Ndhlovu, the sole director of logistics company Umkhombe Marine, was testifying under an indemnity agreement with the National Prosecuting Authority’s Investigating Directorate Against Corruption (Idac). Her evidence forms a central part of the State’s case.
Attorney Zola Majavu did not testify after raising concerns about attorney-client privilege arising from legal advice he had previously provided to Ntsondwa-Ndhlovu.
The focus then shifted to evidence the State saying underpins the money-laundering charge.
Architect Emmanuel Mulaudzi testified that he received cash payments for preparing plans for renovations at Mapisa-Nqakula’s Bruma residence.
Interior decorator Nomsa Shabangu told the court she received about R1.7 million, largely in cash, for extensive renovations that included bespoke furniture, underfloor heating, gold-leaf ceilings and luxury kitchen and bathroom upgrades. She also testified that while some purchases were made using Mapisa-Nqakula’s bank card, most of the payments she received were in cash.
That evidence underpins the State’s money-laundering case.
Prosecutors contend that an estimated R4.5 million was paid in cash, including funds allegedly used for home renovations. Financial investigators testified that coded language was used in WhatsApp communications to disguise requests for money, with terms such as “wig”, “impepho”, “indumba”, “padkos” and “snuff” appearing in messages.
Wynand Wessels, a financial investigator from the Investigating Directorate Against Corruption, presented evidence attempting to link the timing of large cash withdrawals from the contractor’s accounts to the alleged bribe requests.
The State closed its case last week after presenting evidence for two weeks.
The defence has challenged the state’s evidence, arguing that witnesses have provided contradictory accounts. They maintain that some cash originated from home safes rather than bank withdrawals and that WhatsApp messages did not explicitly reference money or specific amounts.
She has pleaded not guilty to all 12 counts of corruption and one count of money laundering.
The Investigating Directorate Against Corruption (IDAC) spokesperson Henry Mamothame said Mapisa-Nqakula placed it on record in court that she intends to apply for a discharge.
Mamothame said the State has closed its case and will now await the accused’s heads of argument before preparing its response to the application.
With all witnesses having testified and the State having closed its case, the focus shifts to the defence’s application for discharge. The Section 174 application will be heard before the defence is required to present its own case.
Mapisa-Nqakula resigned from her position as the Speaker of the National Assembly and as a member of parliament on 3 April 2024, following a failed court application to interdict her arrest.