Speaker of the National Assembly, Nosiviwe Mapisa-Nqakula during the media briefing on the State of Readiness for SONA 2024 at City Hall on February 06, 2024 in Cape Town, South Africa. (Photo by Ziyaad Douglas/Gallo Images)
Embattled Nosiviwe Mapisa-Nqakula’s hopes of evading arrest were dashed in the High Court in Pretoria yesterday, with political analysts saying the National Assembly speaker’s case would remain an indictment on the ANC leadership.
Given her stature in the state, experts maintained her humiliation would dent the party’s image.
Mapisa-Nqakula, facing 12 counts of corruption involving more than R4 million and one count of money laundering, was making a pre-emptive application to not have to present herself at a police station.
The charges arose out of alleged bribes in the awarding of contracts during her nine-year tenure as defence minister.
The state’s case was “weak” and arresting her would be “unlawful”, she argued in her affidavit.
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In dismissing the application, Judge Sulet Potterill described Mapisa-Nqakula’s application as “speculative” and a “pre-emptive strike”.
Ruling that the challenge was “not urgent” because the National Prosecuting Authority (NPA) would not oppose bail, Potterill found her case to be “a self-created urgency”, with the court having “no judicial oversight on arrest”.
“If the court grants such an order, the floodgates will be opened,” she said. “Any suspect will merely set out in their founding affidavit that an arrest in the future will be unlawful.
“The whole criminal justice system will fail and be controlled by suspects,” said Potterill, slapping Mapisa-Nqakula with a cost order, including paying for two counsels representing the NPA.
Political experts Dr Nkosikhulule Nyembezi and Sandile Swana said the saga was an indictment on the ANC leadership and would impact on the party’s support from voters who prioritised morality in the May polls.
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“Concerned citizens will find it hard to brush aside charges she faces,” said Nyembezi. “The ANC is facing a cold electoral wind for the first time in over two decades.
“Even before the jaw-dropping news that the Hawks [Directorate for Priority Crime Investigation] raided her home and her subsequent court bid to prevent her arrest, the ever-present threat of imminent revelation of a string of scandals was [a] challenging issue for the ANC, a party with plenty of problems to navigate.
“Her leadership record and reputation in this administration were already under more critical scrutiny than many are accustomed to dealing with.
“Whether this will all explode in the weeks ahead, opposition parties will notice and so will the voters,” said Nyembezi.
Swana said the criminal case against Mapisa-Nqakula had been reported several years ago by United Democratic Movement leader Bantu Holomisa, “with the speaker and the ANC aware that the case was coming”.
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“She has known all along that her case was coming and her lawyers had to contact the NPA to arrange her processing and application for bail.
“It is correct that the court could not instruct law enforcement agencies not to arrest her.
“She wanted to be treated differently than any other South African – something unconstitutional.
“Besides Jacob Zuma, this is the biggest case involving a senior ANC leader and one of the most senior people to lead the parliamentary arm of the state.
“From 2007, the ANC has been frustrating the justice portfolio – removing from office capable prosecutors like Vusi Pikoli and Bulelani Ngcuka.
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“This is not the first case to involve a high-profile ANC leader, with Ace Magashule having been among many.
“Voters who are sensitive to morality will reconsider voting for the ANC.”
The Economic Freedom Fighters (EFF) described the ruling as “a resounding victory for accountability and the rule of law”.
“Mapisa-Nqakula’s audacious manoeuvre to avoid facing the consequences of her alleged corrupt actions, is an affront to the principles of justice and integrity,” said the EFF.
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