Former speaker's legal struggles continue as bail conditions and travel plans under scrutiny

5 Dec 2024

Former Speaker of Parliament Nosiviwe Mapisa-Nqakula’s corruption and money laundering case returned to the Pretoria High Court on Thursday, 5 December for arguments to be heard in her application for further disclosure.

However, owing to the length of her application document and the fact that prosecutor Bheki Manyathi received it on Tuesday, the application could not be heard.

Manyathi told the court that both parties had agreed to postpone the application to 20 January 2025.

However, Mapisa-Nqakula, he added, sought disclosure of the “B” and “C” sections of the docket which contain correspondence and the investigation diary respectively. The State intends to oppose the application, he stated.

Mapisa-Nqakula’s legal representative, advocate Reginald Willis, told the court that it was sufficient to express disappointment that they were unable to bring the case before the court on Thursday.

According to Henry Mamothame, spokesperson for the National Prosecuting Authority’s Investigating Directorate Against Corruption (Idac), the State 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.

Her R50,000 bail was extended until her next court appearance.

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

Mapisa-Nqakula then became the first Speaker in democratic South Africa to take special leave from the responsibility of heading the legislative sphere of state on 21 March. She resigned as Speaker in April 2024, two days after she lost a court bid to interdict her arrest over corruption allegations dating back to her days as defence minister.

No longer hold diplomatic status

Willis also said his client wished to travel outside of South Africa, to Botswana, and would file a separate application to have her bail restrictions relaxed.

According to Willis the passport that Mapisa-Nqakula had handed in is a diplomatic passport, and she would be applying for a new passport.

Read more: “Mapisa-Nqakula resigns as National Assembly Speaker — and as MP”

Prosecutor Manyathi explained how the State deals with bail condition relaxation:

“The passport Mapisa-Nqakula surrendered was a diplomatic passport. She no longer holds a diplomatic status so she is going to need to apply for a normal passport.

“What the State needs at this stage is an affidavit setting out the dates of travel, attached travel itinerary, where she will be going, the address where she will be staying. We do understand she wants to travel to Botswana.”

The State, through Interpol, would check the details provided by Mapisa-Nqakula. Once it had done its due diligence through Interpol, and if it was happy with the details provided, a judge in chambers would be approached to make an order relaxing the bail conditions.

However, if the State found issues it would file an answering affidavit, which would change the entire picture.

The matter returns to court on 20 January 2025. DM

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South Africa

No longer hold diplomatic status