‘I don’t pose a risk’, Mapisa-Nqakula insists on R50K bail in first court appearance

Less than 24 hours after resigning as Speaker of the National Assembly, the Nosiviwe Mapisa-Nqakula made her first appearance in the Pretoria Magistrates' Court to face 12 charges of corruption and one charge of money laundering.

The charges levelled against Mapisa-Nqakula include allegedly soliciting bribes from a contractor to the tune of R4.55-million between 2017 and 2019 while she was defence minister.

In March, the Sunday Times reported that an investigation by the Investigating Directorate found Mapisa-Nqakula allegedly received R2.3-million in cash delivered in gift bags by defence businessperson Nombasa Ntsondwa-Ndhlovu. Ntsondwa-Ndhlovu is married to a general in the military health service.

The highly anticipated court appearance comes after Mapisa-Nqakula’s high court bid to interdict her arrest failed earlier this week, forcing her to hand herself over to the police at Lyttelton Police Station earlier on Thursday morning.

In handing down the ruling that struck Mapisa-Nqakula’s urgent application to interdict the arrest, Judge Potterill said that Mapisa-Nqakula had been given ample time to present herself to the police station but had “failed to do so for two weeks.”

Read more in Daily Maverick: Pretoria high court dismisses Mapisa-Nqakula’s urgent bid to interdict her arrest

Mapisa-Nqakula entered Courtroom 8 in the Pretoria Magistrates' Court to be greeted by a full gallery.

Her husband, Charles Nqakula and former National Assembly Speaker Baleka Mbete sat in the first row of Courtroom 8 in a show of support for Mapisa-Nqakula.

Mbete, who is no stranger to controversy herself, has previously spoken out in defence of Mapisa-Nqakula, saying the corruption allegations levelled against her were part of a vendetta to discredit Mapisa-Nqakula.

Read more in Daily Maverick: Arms Deal and State Capture claims: Former Speaker Baleka Mbete explains her failure to act

After entering the courtroom and taking her place on the dock, Mapisa-Nqakula flashed an appreciative smile at her husband and Mbete.

Former Speaker of Parliament Nosiviwe Mapisa-Nqakula at the Pretoria magistrate court on 4 April, 2024. (Photo: Felix Dlangamandla)

‘I do not pose a risk’

The State claimed that it would not oppose bail, but since Nqakula is being charged with a schedule 5 offence, the onus is on her to prove why she should be granted bail.

In her affidavit, read out by the former Speaker’s lawyer, Graham Kerr-Phillips, Mapisa-Nqakula argued that she was not a flight risk. She claimed she would lose her state pension if she evaded her trial, which she could not afford.

The former Speaker added that her handing herself over to the police earlier this morning was evidence of her belief in the rule of law and further indication that she had no plans to flee.

Mapisa-Nqakula insisted that her imprisonment would negatively affect the well-being of her family and that her release on bail would pose no threat to justice, adding, “I do not pose a risk to the State should I be released”.

Mapisa-Nqakula said the search and seizure at her home yielded no evidence of the corruption allegation levelled against her. She also claimed that the prosecution had a weak case.

In addition to her case, Mapisa-Nqakula claimed South African prisons are riddled with gangs and claimed that the facilities do not have the capability to ensure her safety. The embattled former Speaker pointed to inadequate ablution facilities and healthcare as further evidence as to why she should not be imprisoned.

“My client suffers from dangerous hypertension, she is on medication which she constantly needs, and if it is not provided to her when she needs it, [the situation] could be life-threatening,” Kerr-Phillips added.

State doesn’t oppose bail

In response to Mapisa-Nqakula’s affidavit, Prosecutor Bheki Manyathi said that the State would not oppose the bail application. Manyathi said the State considered the fact that Mapisa-Nqakula handed herself over, her age, and her health condition when deciding not to oppose bail.

The embattled politician said that her resignation was by no means an admission of guilt.

Kerr-Phillips appealed to Magistrate Anna Oosthuizen to release his client on R50,000 bail, given Mapisa-Nqakula’s status as a pensioner. The State, on the other hand, is pursuing R100,000 bail.

After a short recess Magistrate Oosthuizen granted Mapisa-Nqakula R50,000 bail, stating that the court is satisfied that the accused made her case as to why she should be released.

"The court is satisfied that the applicant is not a flight risk," said Oosthuizen.

Bail conditions

Manyathi told the court that the State requested that Mapisa-Nqakula hand her passport over to the investigating officer by 18:00 Monday 8 April.

The State's second condition was for Mapisa-Nqakula not to contact any of the witnesses in the case.

Magistrate Oosthuizen agreed to the conditions set by the State. Based on additional evidence recovered from Mapisa-Nqakula's property during the search and seizure, Manyathi revealed that the State would be adding a second accused to the matter. The State prosecutor did not reveal the individual's identity.

The matter has been postponed till 4 June. DM