Speaker Mapisa-Nqakula’s home raided; Ramaphosa sidesteps questions on State Capture inaction

19 Mar 2024

Any action against ministers and deputy ministers implicated in State Capture would be informed by ‘outcomes of the processes undertaken by the relevant entities’ with investigative and prosecutorial capacities, President Cyril Ramaphosa told MPs on Tuesday.

The presidential Q&A session in the National Assembly played out just hours after the Investigating Directorate (ID) raided the Johannesburg home of House Speaker Nosiviwe Mapisa-Nqakula on Tuesday, 19 March.

While the National Prosecuting Authority (NPA) confirmed in a short statement that the search and seizure operation was part of an investigation, it gave no further details.

The raid is widely understood to relate to allegations by a former defence contractor that Mapisa-Nqakula had solicited R2.3-million in bribes between 2017 and 2019 while she was defence minister.

DA leader John Steenhuisen grabbed the politicking opportunity in the Q&A session to link the raid to President Cyril Ramaphosa’s much-promised yet uncompleted executive lifestyle audits.

“Your failure is what has facilitated this alleged corruption by the Speaker. You are the reason we are sitting with a corruption-alleged deputy president, the Speaker’s house raided, and a Cabinet that reads like a Zondo most wanted list.”

In a second shot at asking if Ramaphosa would support the Speaker stepping aside, Steenhuisen didn’t get further than saying a raid was a serious matter before the ANC closed ranks in what’s become a tactic to make political pickles go away.

“This is a new question... This is pure gossip and it is a cheap shot. I urge the President not to respond,” interjected House chair Grace Boroto.

Presiding officer Cedric Frolick agreed, even as Steenhuisen argued that the President had opened the door by saying Parliament was one of the entities he would take his cue from when acting against ministers and deputies.

Frolick told Steenhuisen to submit a substantive motion, indicating that the President did not have to answer.

Ramaphosa replied, “Your ruling is my command” – and stayed silent.

It’s the way the governing ANC in Parliament previously dealt with opposition calls for State Capture probes, as also outlined in the Zondo Commission report.

In a statement shortly before the session, Parliament confirmed the raid at Mapisa-Nqakula’s home.

“The Speaker steadfastly upholds her strong conviction of innocence and reaffirms that she has nothing to hide. In line with this, she has welcomed investigators into her home, cooperating fully during the extensive search that lasted over five hours. The Speaker’s commitment to serving the public with honour and integrity remains unwavering.”

The search and seizure operation meant Mapisa-Nqakula wasn’t in the Speaker’s chair as usual for Ramaphosa, who on Tuesday completed his final question session in the House before the 2024 elections.

The raid and investigation have been a long time in the making, stretching back to at least 2021.

At the time, Parliament’s joint standing committee on defence declined to fully probe the allegations raised by United Democratic Movement leader Bantu Holomisa. Although the committee established a probe, it was disbanded in September 2021 after non-cooperation by the whistle-blower. It’s unclear whether other options were pursued.

Tuesday’s raid was partly the result of whistle-blower Nombasa Ntsondwa-Ndhlovu deposing an affidavit to the NPA, according to a report in the Sunday Times in early March. This saga has been unravelling since 2019 when City Press linked Ntsondwa-Ndhlovu, married to SANDF general Noel Ndhlovu, to tender rigging.

Holomisa laid criminal charges with the police – as Mapisa-Nqakula in April 2021 said he should– sometime after the parliamentary joint standing committee on defence’s probe stalled. He had also informed Ramaphosa.

“We told him in black and white. This individual should not be in the Cabinet. But he rewarded her with the post of Speaker. What would the world say now?” Holomisa told Daily Maverick on the phone. He declined to comment further.

‘Step down’

On Tuesday afternoon, DA Chief Whip Siviwe Gwarube called for Mapisa-Nqakula to step down.

“As the head of the legislature in South Africa, the Speaker holds a position of great responsibility. The rules of Parliament envision that the Speaker is someone who ‘upholds the dignity and good name of the House’.

“Having one’s home raided due to corruption allegations of this serious nature defies the very essence of this requirement… To retain public trust in the institution, Mapisa-Nqakula must step down.”

Earlier in March, Gwarube referred the Speaker to the parliamentary ethics committee over these corruption claims. It’s unclear whether the committee has started its probe as statements are made only when an ethics complaint is finalised.

The IFP and the Freedom Front Plus joined the call.

“Remaining in office while the investigation is ongoing would taint Parliament's integrity as well,” said FF+ leader Pieter Groenewald.

However, ANC Chief Whip Pemmy Majodina said this was not necessary, emulating the President’s predilection for due process.

Speaking to Newzroom Afrika, she said the investigation against Mapisa-Nqakula had yet to fully unfold and that the Speaker had rights like any other South African.

Waiting for the authorities

Tuesday’s raid of Mapisa-Nqakula’s home distracted from the rule of law and due process focus Ramaphosa wanted as the key message in his final parliamentary question session before the elections.

But he stayed on message, even if it was convoluted and short on detail.

The opposition asked why the lifestyle audits promised in 2018 were still under way and wanted to know about the lack of action on the ministers and deputies implicated in State Capture.

This includes Mineral Resources and Energy Minister Gwede Mantashe, who has taken the Zondo Commission report on review; Water and Sanitation Deputy Minister David Mahlobo, and Sport, Arts and Culture Minister Zizi Kodwa.

All three feature on the ANC’s 2024 election list, with Mantashe at number three, Mahlobo at 13 and Kodwa at 25.

Even if the ANC were to fall below 50%, as pundits widely predict, the ranking of these candidates would ensure eligibility for a Cabinet position even if the ANC were only the largest party post the elections and dependent on a coalition arrangement to form a government.

Read more in Daily Maverick: Once again at the centre of pre-election attention — the ANC’s electoral lists

Ramaphosa told MPs it was a “fable” and a “lie” to say nothing was being done to implement the recommendations of the Zondo Commission.

“It is not true nothing is being done about the recommendations of the Zondo Commission.”

IFP leader Velenkosini Hlabisa said that while this was a “nice” response, people saw matters differently. Ramaphosa maintained, “Where there is any form of evidence... Yes, action will be taken.”

And when Groenewald asked why the President had suspended Small Business Development Deputy Minister Dipuo Peters for only a month – she was suspended for the current term by Parliament after an ethics guilty verdict relating to her time as transport minister – Ramaphosa returned to the need for due process. He said he acted in Peters’ case because Parliament had acted.

“Other current members (of the executive) implicated by the State Capture commission have not been charged or found wanting in ethical breaches by anybody or any entity... That is important. Any action I take ... will be informed by the outcomes of the processes undertaken by the relevant entities.”

The takeaway? Action would only be taken if law enforcement agencies, prosecution services or perhaps institutions such as the Public Protector or Parliament were to find against a minister or deputy minister.

No one outside the ANC benches seemed convinced by this argument – especially given that there are only 70 days to the elections. DM

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‘Step down’

Waiting for the authorities