Former prisons minister Mapisa-Nqakula wants to avoid jail – says they’re unsafe, lack proper medical care

Former National Assembly Speaker Nosiviwe Mapisa-Nqakula says she will suffer “serious physical harm” if she is forced to remain in prison pending her trial.

Mapisa-Nqakula appeared in the Pretoria Magistrate’s Court on Thursday for a formal bail application. She faces 12 counts of corruption and one count of money laundering, involving R4.5 million dating back to her time as defence minister.

She served as Minister of Correctional Services between 2009 and 2012, but told the court she was “not equipped, from a health perspective, to deal with incarceration.”

‘Dire’ prison conditions

In a 46-page bail application affidavit read by her lawyer, Graham Kerr-Phillip, Mapisa-Nqakula referred to the “dire” conditions in South Africa’s prisons.

She claimed that due to the systemic failure of the government, prisons were unsafe, lacked proper medical care, were crime-ridden and incapable of any form of rehabilitation. She added wardens were overwhelmed “trying to stop inmates from killing each other”.

“South African prisons are dramatically overcrowded… they are riddled with gang activities where gang membership breaches the divide between prisoners and officers of Correctional Services.

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“Assault by inmates, as well as Correctional Services officers, is a constant threat [and] membership of gangs is often predicated by the commission of an assault.

“Applying the concept of system failure, South African prisons do not have the facilities available to make provision for my safety and security.”

Mapisa-Nqakula said there was a lack of adequate access to ablution, medical and other facilities in prisons.

“The lack thereof contributes to the spread of disease. Access to medical facilities is virtually non-existent due to a lack of resources and under-employment.”

Not flight risk

The former Parliamentary speaker said she intended to stand trial and there was no reason to arrest her.

“I am not a flight risk, I have too much to lose. I have a state pension. I have tendered my cooperation to NPA, Saps and others. I voluntarily came to court today. I have no previous convictions. I have no wish to interfere with the state’s case.”

Kerr-Phillips proposed that the magistrate order Mapisa-Nqakula to pay R50 000 bail. He argued the R100 000 amount requested by the state was “just too much” for Mapisa-Nqakula, who he said is “now a pensioner”.

ALSO READ: NPA to request ‘substantial’ bail for Mapisa-Nqakula so she won’t ‘abscond’

Mapisa-Nqakula announced her resignation as Speaker of Parliament on Wednesday evening in a letter to Acting Speaker of the National Assembly Lechesa Tsenoli. The resignation is effective immediately.

The state said it would not oppose bail because Mapisa-Nqakula handed herself over, is a senior citizen, suffers from hypertension, and her address was confirmed.

‘We cannot say the applicant is not a flight risk. What we can say is we have no reason to believe there is a risk of her absconding”.

Defence

Mapisa-Nqakula said she would address her defence at the right time.

Although she has yet to see the charge sheet, she maintained that the state’s case needed to be stronger.

“This is a malicious prosecution based on weak evidence. I am not aware of witnesses who will be called and won’t make contact him/her. I have no intention of interfering with this evidence. I bear no grudges.”