‘Nosiviwe Mapisa-Nqakula not above the law’ − NPA argues

The National Prosecuting Authority (NPA) argued that Nosiviwe Mapisa-Nqakula is not above the law and it will not work according to her timetable in its attempts to arrest her.

The High Court in Pretoria on Monday heard an application by the embattled Mapisa-Nqakula for a second order interdicting the NPA from arresting her.

Mapisa-Nqakula’s bid for access to the police docket ahead of her looming arrest has been described as bizarre.

She may face 12 counts of corruption and one of money laundering involving R4.5 million dating back to when she was defence minister.

Frustrating NPA

After a raid by the Hawks at her Johannesburg home last week, it was expected that she would hand herself over to police on Friday.

Advocate Makhosi Gwala SC arguing on behalf of the NPA’s Investigating Directorate (ID) said the arrangements the state made for Mapisa-Nqakula to hand herself over were not “negotiations” but a courtesy.

“We could have gone and arrested [her] but we chose not to do that and we said let’s do it in a seamless way, which is less invasive. All we want is so that the court can fix bail. The applicant is trying to frustrate us from performing our statutory function,” Gwala argued.

“It’s unheard of that one demands a docket before they are charged. We cannot treat people according to their status, this will collapse the judicial system.”

Gwala said widespread reporting on the case against Mapisa-Nqakula has already damaged her reputation.

ALSO READ: NPA slams Mapisa-Nqakula’s second bid to block her arrest as ‘abuse of process

Judgment

Gwala rejected Mapisa Nqakula’s legal representation advocate Reginald Willis’ assertion that the state should wait for 3 April before charging the parliamentary speaker, saying allowing that to happen would be viewed negatively by the public, which would believe that she, owing to her position, was above the law.

“Is it in the interest of justice for [the] NPA to work on a timetable that is set by an attorney [Stephen May]?

The judgment in the matter was reserved for 2 April, with the NPA agreeing not to arrest Mapisa-Nqakula before the high court delivers its ruling.

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