Former National Assembly speaker Nosiviwe Mapisa-Nqakula’s corruption case has been postponed once more, as the defence seeks further information from the prosecution’s docket.
Mapisa-Nqakula made her first court appearance of the year on Monday in the Gauteng High Court in Pretoria.
The case had previously been delayed after the defence requested access to Sections B and C of the police docket.
A docket generally consists of three sections: Section A contains witness statements, expert reports, and documentary evidence; Section B includes internal reports and memoranda; and Section C holds the investigation diary.
The defence contends that withholding Sections B and C could prevent access to critical information potentially exonerating Mapisa-Nqakula.
While the state initially opposed the defence’s application, citing confidentiality concerns, a breakthrough was reported during Monday’s proceedings.
Advocate Reginald Willis, representing Mapisa-Nqakula, informed Judge Mokhine “Papi” Mosopa that the prosecution had agreed to discussions about disclosing parts of the requested sections.
In response, Willis requested a postponement to March 28 to allow time for consultations.
“Two possibilities for that day, one would be that we argue for certain aspects of our notice of motion, underpinned by the case. Alternatively, the matter may be ready to be allocated a trial date,” Willis stated.
The prosecutor confirmed the arrangement, explaining that discussions would take place in the coming weeks to determine what could be disclosed.
“The plan is to meet within the next three weeks in a roundtable discussion as to what can be disclosed and what cannot be disclosed even of the B and C sections although the state errs on the side of disclosure,” the prosecutor said.
“There may be a couple of documents that are not discoverable, but we will decide that and on the return date the court will have a good idea as to what is at issue,” he added.
The judge adjourned the matter to March 28 to allow the state and defence time to reach an agreement.
“If there’s no agreement between them then we will hear this application again, but I highly accept that they will find each other,” Mosopa said.
Mapisa-Nqakula, out on R50 000 bail, faces 12 charges of corruption and one count of money laundering.
She 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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