Bail Condition
She hands over her passport to the state by no later than by 8 April 2024.
She must not apply for a new passport.
She must not communicate directly with witnesses pending the finalisation of the matter.
Nosiviwe Mapisa-Nqakula insists State’s case against her is weak and political after being released with R50 000 bail.
Nosiviwe Mapisa-Nqakula arriving at Pretoria High Court.
Former Speaker of the National Assembly Nosiviwe Mapisa-Nqakula was granted bail of R50 000 on Thursday, 4 April 2024, after she handed herself over to the police. Mapisa-Nqakula who appeared at the Pretoria Magistrate Court is facing charges of 12 counts of corruption under Preca (Prevention and Combating of Corrupt Activities Act) and one of money laundering under Poca (Prevention of Organised Crime Act.
The former speaker said she could only afford R50 000 after the court set her bail at R100 000. Her bail conditions include that, she hands over her passport to the state by no later than by 8 April 2024, she must not apply for a new passport and she must not communicate directly with witnesses pending the finalisation of the matter.
She allegedly received R4.5 million kickbacks from a contractor during her tenure as Defence Minister.
Mapisa-Nqakula is fighting for her political career and legacy following allegations of corruption levelled against her.
The embattled former speaker said the evidence of the alleged whistle-blower was not corroborated by what law enforcement agents found during the recent raid at her home in Johannesburg on March 19, 2024, save for one wig which was seized.“The wig is one of many which are generic in nature that proves nothing except that I have worn a wig. I do not know how that wig, which is one of many I have, was chosen for seizure,” she said.
A day after losing a court bid to prevent her address following serious allegations of corruption levelled against her, Mapisa-Nqakula tendered her resignation on Wednesday.
Prosecutors made their intentions clear that they want to charge Mapisa-Nqakula with corruption, accusing her of receiving about $135 000 in bribes from a defense contractor at that time she was deployed as Minister of Defence during President Cyril Ramaphosa’s administration. To add salt to the injury, she received payments between December 2016 and July 2019, and she allegedly received another bribe of $105 000 which was not paid.
When announcing resignation in a letter addressed to her Deputy Speaker in the National Assembly, Lechesa Tsenoli, the embattled Mapisa-Nqakula said: “I have made this conscious decision in order to dedicate my time and focus to deal with the recently announced investigation against me by our country’s law enforcement agencies,” she said. “My resignation is in no way an indication or admission of guilt regarding the allegations being levelled against me.”
Mapisa-Nqakula’s resignation comes less than two months before the country holds elections in which the ruling African National Congress faces a loss of support over voter dissatisfaction with the government’s handling of issues including rampant state corruption.
Her urgent application to interdict the National Director of Public Prosecutions Shamila Batohi, Police Minister Bheki Cele and investigators from arresting her has been struck off the roll in the Gauteng Division of the High Court in Pretoria.
This was welcomed by the National Prosecuting Authority (NPA) on Tuesday following the judgement delivered by Judge Sulet Potterill who also slapped the beleaguered Mapisa-Nqakula with costs.
Judge Potterill said: “There is not a single fact set out as to why the future arrest will be unlawful. Seemingly because there’s a weak case made out. Yet the applicant does not know what case has been set out and this is pure speculation. I can make no finding on such speculation that there will be an unlawful arrest or that there is a weak case. These facts cannot underpin urgency.”
The said however if the Court were to grant such an order it will set a wrong precedent which will open the floodgates for suspects to interdict their arrests on the grounds that they are unlawful and the cases against them are weak.
“The respondents argued that it would not be competent for this Court to interdict an arrest. I’m in full agreement with this submission. Every suspect will be in a position to approach a court on an urgent basis, setting out on speculation that there is a weak case against it, and interdict an arrest. Any suspect would merely have to set out in a founding affidavit that an arrest in future will be unlawful. The whole criminal justice system will fail and will be controlled by suspects,” she said.
NPA national spokesperson, advocate Mthunzi Mhanga said: “Of importance is that we don’t discuss issues of arrests, evidential issues, witnesses, investigative processes in the media. Obviously, the wheels of justice will now be in motion as you were listening to the judgment which was well reasoned.”
Mhanga said the NPA has always maintained that it was unnecessary for it to be brought to court. “We have always maintained that the process of arrest should be done seamlessly,” Mhanga said.
Nosiviwe Mapisa-Nqakula waiting patiently to get her bail.
Nosiviwe Mapisa-Nqakula fighting to clear her name in Pretoria High Court.
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