Gauteng High Court Judge Sulet Potterill found no urgency in her interdict applicationPhoto: Felix Dlangamandla/ Gallo Images
National Assembly Speaker Nosiviwe Mapisa-Nqakula will have to hand herself over for arrest.
This after her urgent Pretoria High Court application to block her arrest for corruption allegations was struck off the roll on Tuesday.
Gauteng High Court Judge Sulet Potterill found no urgency in her interdict application.
Mapisa-Nqakula approached the court last week to block her arrest pending the handing over of her docket which the state argued was bizarre.
National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga gave no indication when the Parliamentary speaker will hand herself over for arrest.
“We don’t discuss issues of arrests, evidential issues, and investigative processes in the media. But obviously, the wheels of justice will now be in motion. We’ve always maintained that this is unprecedented and we didn’t have to be brought to court.
“We have always maintained that the process of arrest will be done seamlessly,” Mhaga said.
ALSO READ: WATCH: ‘Nosiviwe Mapisa-Nqakula must present herself to police finish and klaar’
In her judgment, Potteril said the effect of the relief that Mapisa-Nqakula sought would “open the floodgates” for suspects to interdict their arrests on the basis that they were unlawful and the cases against them were weak.
“In the applicant’s affidavit, there are a variety of emotive garnishing on which the court unfortunately cannot take cognizance and make factual decisions on. However, even if the court finds that the matter is not urgent, the court must still make sure that there is substantial redress in a hearing in due course.
The speaker faces 12 counts of corruption and one of money laundering involving R4.5 million dating back to when she was defence minister.
Meanwhile, political parties have welcomed the judgment.
The Freedom Front Plus (FF Plus) said Mapisa-Nqakula cannot expect special treatment because she is the Speaker of the National Assembly.
“Neither she nor anyone else in South Africa is above the law. She should be arrested as soon as possible and then apply for bail, just like any other ordinary citizen. This should serve as an example for other politicians and high-ranking officials; no one should violate the law and think they can get away with it.”
“The FF Plus will support a motion of no confidence against Mapisa-Nqakula in the National Assembly,” the party said.
The Economic Freedom Fighters (EFF) demanded the immediate arrest of Mapisa-Nqakula after her “failed attempt to evade justice”.
“By seeking to circumvent the legal process she has shown blatant disregard for the gravity of the charges against her. We demand that law enforcement agencies swiftly proceed with the arrest of Mapisa-Nqakula and ensure that she faces the full consequences of her actions
“The EFF reiterates that Mapisa-Nqakula must step down from her position, as her continued presence in the National Assembly flagrantly undermines its integrity,” the red berets said.
Democratic (DA) Chief Whip Siviwe Gwarube said the party has written to the Deputy Speaker, Lechesa Tsenoli, to demand the immediate scheduling of the motion of no confidence against Mapisa-Nqakula.
“This decision underscores the urgency and necessity of proceeding with the motion of no confidence in Mapisa-Nqakula. The court’s ruling sends a clear message that the legal process must be allowed to take its course, and individuals facing serious allegations cannot evade accountability,” Gwarube said.
ALSO READ: NPA to request ‘substantial’ bail for Mapisa-Nqakula so she won’t ‘abscond’
Download our app and read this and other great stories on the move. Available for Android and iOS.