The papers also request the “entire State Brief, without limitation” on the case that’s being investigated under CAS 176/2024. This would include not only the docket, but also witness statements, investigators' pocket books, diaries and whether they were part of the SAPS or the NPA’s Investigating Directorate (ID).
“The ultimate purpose of this application is to protect my constitutional rights in respect inter alia to freedom, and dignity, including my rights to good name and reputation and self esteem as well as to pursue a vocation of my choosing,” said Mapisa-Nqakula in her affidavit that’s part of the court papers filed in the Pretoria High Court.
“I have devoted the majority of my adult life to the pursuit of the rule of law and constitutional democracy, and the demise of the security state in South Africa. The machinery of the criminal justice system and the state’s prerogative of prosecution was abused and used as a political tool then. I verily fear that this practice has once again reared its ugly head and, if not stopped, carries the real risk of further fraying the constitutional fabric of our young democracy.”
Mapisa-Nqakula’s court challenge comes amid speculation of her possible arrest since Tuesday’s ID raid at her Johannesburg home in relation to a defence contractor’s claims that she solicited bribes of several million rands between 2017 and 2019 while defence minister. Throughout, Mapisa-Nqakula has maintained innocence and dismissed any wrongdoing. But she announced she was going on special leave to protect the integrity of Parliament on Thursday evening.
Read more: Speaker Mapisa-Nqakula on ‘special leave’ after corruption claims speculation
“(M)y position and status as speaker of the National Assembly of Parliament and member of the ruling ANC with the so-called ‘step aside rule’ carries the further humiliation of publicity and public speculation as well as the limitation of my office and vocation.”
The interdict and discovery application would not stop the SAPS of NPA from carrying out its functions “as I have every intention of proving my innocence and clearing my name and restoring my reputation,” argued Mapisa-Nqakula in her affidavit. The purpose was to highlight “lacunas, abnormalities and irregularities” in the case – “there is none” – and the NPA’s conduct. This included “false allegations” about having agreed to present herself at the Lyttleton police station.
“The conduct of the state representatives... is indicative of an abuse of process, at an opportunistic time before the national elections, in order to say public opinion, trigger the ANC’s ‘step aside rule’ by charging me and humiliating me in the media....”
The court papers give Batohi, Cele and the others time until Tuesday to inform Mapisa-Nqakula’s attorney whether they will oppose this interdict and discovery application, and file responding affidavits by 2 April.
The court application comes as the DA is preparing a motion of no confidence against Mapisa-Nqakula. “We remain steadfast in our call for her resignation following the revelations of corruption. Anything less makes a mockery of Parliament and the people of South Africa,” DA Chief Whip Siviwe Gwarube told Daily Maverick.DM
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Maverick News
Mapisa-Nqakula files court papers to interdict possible arrest
Nosiviwe Mapisa-Nqakula, the National Assembly speaker on special leave, has filed court papers to interdict the National Director of Public Prosecution Shamila Batohi, Police Minister Bheki Cele and investigators from arresting her, according to court papers Daily Maverick has seen.
