Court delays key hearing in Mapisa-Nqakula’s corruption case as disclosure negotiations continue

On Monday, 20 January 2025, former Parliament speaker Nosiviwe Mapisa-Nqakula’s case was set down in the Gauteng Division of the High Court in Pretoria for arguments to be heard in her application for the disclosure of parts of the prosecution docket that the State contends are secret.

The disclosure the former speaker sought was that of the “B” and “C” sections of the docket that contain correspondence and the investigation diary respectively. 

According to Henry Mamothame, spokesperson for the National Prosecuting Authority’s Investigating Directorate Against Corruption, the State has already disclosed the “A” section of the docket which contains evidence, which is the norm regarding docket disclosure.

Nqakula is facing 12 counts of corruption and one of money laundering. The charges relate to her tenure between 2016 and 2019 when she was minister of defence, during which she allegedly solicited and received about R4.5-million from Nombasa Ntsondwa-Ndhlovu, whose company was a service provider to the department – R2.1-million of which was in cash. 

The case comes after a raid by the Investigating Directorate on her Johannesburg home on 19 March 2024 triggered speculation about her possible arrest in connection with alleged bribes of millions of rand solicited while she was defence minister.

On Monday, proceedings in the high court did not proceed as planned. Addressing the court, advocate Reginald Willis, appearing for the former speaker, stated that he had had a brief talk with the State before the start of the proceedings.

At that point, Willis stated, the defence was instructed that the head of the Investigating Directorate Against Corruption, under the guidance and advice of State prosecutor Paul Louw, should use more discretion and effectively concede one of their pleas.

Furthermore, Willis stated that on Friday afternoon (17 January), the State also presented his attorney with documents outstanding from Section A which the former speaker's legal team had requested.




According to Willis, this paves the way for the remaining requests to be dealt with by an undertaking by the National Prosecuting Authority to facilitate those documents pursuing discussions that they will hold hopefully within three weeks.

Against this context, Willis stated, due to the parties’ availability, the matter was postponed to 28 March 2025. Prior to that day, the State and defence will report back to the court on their current position and what will happen on 28 March 2025.

As a result of this undertaking, the parties are presented with a conundrum: they can argue for an order on certain aspects, or the matter can be ready to set a trial date.

State prosecutor Louw said that the stance taken on Monday was in the very best interests of justice, and for expediting the matter.

Louw, confirming what the defence indicated, said: “The plan is to meet in the next three weeks around a table to discuss what can and cannot be disclosed.

“Even on the B and C sections 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, if anything.”

Damning affidavit against former speaker

Expedite trial