Mapisa-Nqakula no longer holds diplomatic status, court hears as she seeks relaxation of bail conditions

Former National Assembly speaker Nosiviwe Mapisa-Nqakula is seeking a relaxation of her bail conditions.

Mapisa-Nqakula returned to the Gauteng High Court in Pretoria on Thursday after her case was transferred from the Pretoria Magistrate’s Court on 9 July 2024.

Currently, out on R50 000 bail, Mapisa-Nqakula faces 12 charges of corruption and one count of money laundering.

Defence seeks additional docket info

The case was previously postponed following the defence’s request to access Sections B and C of the police docket.

Mapisa-Nqakula has challenged the state’s evidence-gathering process, arguing that these sections could play a critical role in her defence.

The state, however, has opposed the application, maintaining that Sections B and C were confidential and will not be used during the trial.

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A docket typically contains three sections: Section A holds witness statements, expert reports, and documentary evidence; Section B includes internal reports and memoranda; and Section C contains the investigation diary.

During Wednesday’s proceedings, state prosecutor Bheki Manyathi revealed that the state received the defence’s heads of arguments earlier in the week.

Due to the extensive documentation submitted, Manyathi requested a postponement.

“The state is not ready to argue the matter,” he stated.

Mapisa-Nqakula wants bail conditions relaxed

Meanwhile, Advocate Reginald Willis — representing Mapisa-Nqakula — informed Judge Mokhine “Papi” Mosopa that his client intended to apply for relaxed bail conditions to allow her to travel abroad.

“Our client does wish to travel out of the country in Africa. Her passport that’s handed in is a diplomatic passport so she will be making an application,” said Willis.

However, Manyathi clarified that Mapisa-Nqakula no longer held diplomatic status.

“She’s going to need to apply for a normal passport through the Department of Home Affairs. What we need as the state is an affidavit because it has legal consequences,” Manyathi explained.

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The state also requested detailed information about her travel plans, including the intended destination and accommodation address.

“I understand she wants to travel to Botswana because we do, as the state authority, through Interpol, do a check on the details provided.

“Once we have done our due diligence through Interpol, if we are happy with the details provided, we then approach a judge in chambers by arrangement and an order relaxing the bail conditions is granted unopposed,” said Manyathi.

He added that the state would oppose the request if any issues arose during the verification process.

Mosopa postponed the case to 20 January 2025.

Mapisa-Nqakula resignation

Mapisa-Nqakula stands accused of receiving more than R2 million in bribes from a South African National Defence Force (SANDF) contractor during her tenure as defence minister.

The former speaker allegedly received the bribes between December 2016 and July 2019.

Mapisa-Nqakula unsuccessfully attempted to block her arrest, with the Gauteng High Court in Pretoria dismissing her interdict application on 2 April.

She then decided to hand herself to the police.

Her request for assistance with her legal bill for the corruption case was rejected by the Department of Defence.

Mapisa-Nqakula resigned from Parliament as the speaker shortly after her home was raided by law enforcement.

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