Mapisa-Nqakula graft prosecution — ID 'surprised' by speaker's ...

By 10 March, the decision was taken to prosecute Nosiviwe Mapisa-Nqakula, the former defence minister turned National Assembly speaker now on special leave, over claims she solicited bribes from a defence contractor between 2017 and 2019 while she was defence minister.

“The investigation in her matter is complete so much that on 10 March 2024, a decision to prosecute her was made. The fact that a search-and-seizure was effected on 19 March 2024 does not mean that the investigation is incomplete,” said Investigating Directorate (ID) deputy director of public prosecutions Bheki Manyathi in his court papers. “I reiterate that the investigation is complete.”

The 12 corruption counts totalling “gratification” of R4,550,000 emerge later in the affidavit, which also outlines the 19 March search-and-seizure operation at Mapsia-Nqakula’s Johannesburg home that put the public spotlight on this bribery claim saga. During that search, documents relating to renovation at the home she shares with husband Charles Nqakula, a safety and security minister turned presidential national security adviser, were also seized. 

In his affidavit Manyathi expressed “surprise” at Mapisa-Nqakula’s interdict and discovery application because engagements about her handing herself over were still ongoing and she’d been assured bail would not be opposed – and dismissed the need for urgency. 

“An arrest alone cannot create urgency. This is particularly the case where there is no apprehension of detention,” he said, adding later: “(Mapisa-Nqakula) does not have a right not to be arrested. No such right exists in law. The case against the applicant is strong…”

In her application on Friday, Mapisa-Nqakula claimed irregularities in the investigation and by investigators.

“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,” it reads.

Manyathi’s affidavit on Monday denied irregularities and that the ID had undermined Mapisa-Nqakula’s dignity and good reputation.

“Any threat to these rights, which is denied, is mitigated by the fact that we have extended the courtesy to her to present herself in the accompany [sic] of her legal representative. I have stated that we would like to make the process as seamless as possible.”

Her claim to get the State’s whole case was misplaced and premature because once this matter was enrolled, a court may well rule that she must receive all documents, said the deputy director of public prosecutions.

“(S)he is complicating what would otherwise have been a simple, seamless process of meeting her at the police station, charging her, taking her to court in her own or her attorney’s motor vehicle, appear in court immediately and be granted bail unopposed.”

Manyathi’s affidavit highlights that key details such as the handing over to police and prosecution in the corruption case against Mapisa-Nqakula were leaked, although not by whom. Speculation had been rife since the ID raid on her Johannesburg home, but leaks of her arrest escalated the rumours.

Mapisa-Nqakula maintained throughout that she’d done no wrong and pledged full cooperation with law enforcement agencies. By Thursday she had announced that she would step aside pending the investigation and legal proceedings.

“Given the seriousness of the allegations and the attendant extensive media speculation, I have decided to take special leave from my position as speaker of the National Assembly, effective immediately… This decision by myself is meant to protect the integrity of Parliament and ensure its sacred duty and its name continue unblemished,” said Mapisa-Nqakula just more than two weeks after she, on 4 March, denied the corruption claims as reported by the Sunday Times. 

At Parliament this week the political drama plays out – or is stopped by interpretation of rules as the clock runs down to Thursday when the National Assembly rises for elections, although it remains competent and can be recalled any time until 21 May, the day before the current set of parliamentarians were sworn in in 2019.

But the DA’s motion of no confidence against Mapisa-Nqakula has not been scheduled in the updated parliamentary calendar, nor is there any indication whether the ethics committee has finalised its deliberation on the ethics complaint against her in relation to the defence-related corruption claims. 

Without an ethics report adopted in the House, all outstanding matters lapse by the end of the parliamentary term. Put simply, if the no confidence motion and ethics complaint are not finalised by Thursday, they simply fall away. It is unlikely that a new post-29 May Parliament will revive these since Mapisa-Nqakula is not on the governing ANC’s election candidates lists and will not return to domestic public life.

It may well be that a kind of long game is being played – it would ensure that a political pickle for Parliament would go away. DM