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The defence has argued that the case is politically motivated.
Former National Assembly speaker Nosiviwe Mapisa-Nqakula. Picture: Phill Magakoe / AFP
Former National Assembly speaker Nosiviwe Mapisa-Nqakula’s legal team has accused the state of withholding crucial information in her corruption case.
On Friday, the Gauteng High Court in Pretoria heard Mapisa-Nqakula’s application for the disclosure of additional sections of the police docket, which the state has classified as confidential.
The former speaker is seeking access to Sections B and C of the docket, which contain internal reports and the investigation diary. Section A usually contains the evidence.
Mapisa-Nqakula, who is out on R50 000 bail, faces 12 counts of corruption and one of money laundering.
The charges stem from allegations that during her tenure as minister of defence from 2016 to 2019, she solicited and received R2 million in bribes from defence contractor Nombasa Ntsondwa-Ndhlovu.
Arguing on Mapisa-Nqakula’s behalf, advocate Reginald Willis accused the state of giving the defence “a run around” regarding the docket’s disclosure.
This, the lawyer said, was despite state prosecutor Paul Louw previously committing to full cooperation during a court appearance on 20 January.
“We expected that we would receive any outstanding documents in respect of the A section, the entire B section, bar one document which had been alluded to in court by Mr Louw and, of course, the entire C section,” Willis said.
He also raised concerns over an alleged missing recording of the search-and-seizure operation conducted at Mapisa-Nqakula’s residence.
Willis further insinuated that the state’s reluctance to disclose parts of the docket suggested it was concealing information.
“The effort with which the state has resisted, and then tendering everything, [but] now going back on giving us C, it’s difficult not to infer they’re hiding something. We’ve been shaking this tree for a while,” he said.
According to Willis, the state has only provided parts of section A and B of the investigative docket, withholding Part C, which he described as a “plethora of a failure of due process”.
Willis also criticised the manner in which Mapisa-Nqakula was treated by law enforcement, alleging that she was subjected to undue harassment.
“There is no reason to arrest her. You can subpoena and arraign her in court. We were dealing with somebody who at the time was constitutionally the second most influential person in our democracy.
“She was the speaker of Parliament and this is how she was treated,” he said.
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Additionally, Willis suggested that the case was politically motivated in reference to President Cyril Ramaphosa’s Phala Phala scandal.
“Our complaint throughout our application is the lack of due process and the pursuit of our client motivated by different reasons and the weaponising of the criminal justice system for political reasons,” Willis added.
Advocate Graham Kerr-Phillips, another member of the defence team, argued that the non-disclosure of Section C prevented them from effectively presenting their case.
“Insofar as us presenting a case to [the court], we must have the same information that the state has,” he said.
In response, Louw insisted that the state was committed to transparency and the integrity of the justice system.
“The NPA code of conduct states that as soon as possible, we must release and disclose prejudicial and beneficial information. A right to a fair trial is very important,” he said.
Citing a previous judgment, the prosecutor argued that an accused person is only entitled to access information in the docket that is “relevant” to their defence.
He also said that a “pile of summons” from Section B of the docket had been disclosed to the defence on 17 February.
However, Louw defended the state’s decision to withhold Section C, arguing that the investigative diary contained sensitive information.
“The C section of a docket is the investigative diary and does not contain evidence. It contains privileged and confidential information pertaining to the investigation.”
Judge Mokhine “Papi” Mosopa is expected to deliver his judgment on the matter on 4 April.
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