Court shuts down Mapisa-Nqakula’s bid to dodge corruption charges

Mapisa-Nqakula is facing 12 counts of corruption and one of money laundering. The High Court in Pretoria has dismissed former National Assembly Speaker Nosiviwe Mapisa-Nqakula’s application for a discharge under section 174 of the Criminal Procedure Act. On Monday, Mapisa-Nqakula returned to the court where Judge Mashudu Munzhelele delivered judgment. This means her corruption trial will proceed. Mapisa-Nqakula is facing 12 counts of corruption and one count of money laundering. She is accused of receiving and soliciting R4.5 million, with R2.1 million allegedly received in cash from Nombasa Ntsondwa-Ndhlovu, a service provider to the South African National Defence Force (SANDF), between December 2016 and July 2019. She has denied the allegations. Mapisa-Nqakula’s legal representatives had approached the court with the application, citing contradictions between Ntsondwa-Ndhlovu’s evidence and that of other state witnesses in the case. Ntsondwa-Ndhlovu entered into a plea deal with the state and has now turned state witness. The defence also relied on discrepancies between Nombasa’s evidence and the contents of her statement. “It is trite that contradictions in themselves do not justify rejecting a witness’ evidence. It was recognised that the purpose of an affidavit or statement is to provide sufficient details of the alleged offence to enable the authorities to determine whether a prosecution should be instituted. It is not intended to serve as a verbatim anticipation of the witness evidence at trial,” said Judge Munzhelele. “The defence further attacked Nombasa’s credibility on the basis that she is a section 204 witness and that her evidence in substance amounts to that of a single witness, thereby invoking the cautionary rule applicable to such evidence. However, the cautionary rule applicable to the evidence of a single witness does not arise for determination in the same way at this stage of an application for discharge in terms of section 174.” Mapisa-Nqakula’s arrest Mapisa-Nqakula resigned as National Assembly Speaker and member of parliament (MP) in April 2024 and handed herself over to the Lyttelton Police Station that same month. This followed the Pretoria High Court’s dismissal of her application to block her arrest on corruption allegations the previous month. At the time, she said she wanted to dedicate her time and focus to dealing with the case against her. She said the resignation was not an admission of guilt. “I believe that, at the right time, I will have the opportunity to thoroughly address these allegations as and when they have been formally brought against me in the appropriate forums, at which time I will clear my good name. I maintain my innocence and am determined to restore my good reputation,” she said at the time.