[UPDATE]State Insists Nosiviwe Mapisa-Nqakula Case is Weak and Political
Image Source: Former Speaker of Parliament Nosiviwe Mapisa Nqakula appears at the Pretoria Magistrate’s Court(via Oupa Mokoena)
Published By: Dimphotsentle Pule
UPDATE – The former Speaker of Parliament, who is currently facing legal challenges, has been granted bail of R50,000 after her appearance before Magistrate Anna Oosthuizen at the Pretoria Magistrate’s Court on Thursday morning.
Despite the State’s request for bail to be set at R100,000, Mapisa-Nqakula pleaded with the court, citing her status as a pensioner and stating that she could only afford a maximum of R50,000. The court accepted her plea and granted bail accordingly.
As part of the bail conditions, the court has instructed Mapisa-Nqakula to surrender her passport by Monday and refrain from applying for another passport until the case is finalised. Additionally, she has been ordered not to contact the State’s witnesses, either directly or indirectly. The court has postponed the matter to June 4.
This court appearance followed Mapisa-Nqakula’s surrender to police at the Lyttelton police station in Tshwane earlier in the day, marking a significant development in the ongoing legal proceedings against her.
“Charges against Ms Mapisa-Nqakula are 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),” stated the lead prosecutor, advocate Bheki Manyathi, at the outset of the case before midday. “It is common cause that the charges fall within Schedule 5 of the Criminal Procedure Act and the onus is on the applicant to satisfy this court by adducing evidence that the interest of justice permit her release on bail.”
However, the prosecution indicated that they would not oppose bail.
“I am required by law to place on record why the prosecution would not be opposing bail but the onus is on the applicant (Mapisa-Nqakula) to satisfy this court. May I ask that I give my reasons after they have set out their case,” said Manyathi.
The prosecution revealed that before the next court date, they would be adding a second accused person to the case. However, Mapisa-Nqakula’s legal representative, Advocate Graham Kerr-Phillips, informed the court that they believe there is a political motive behind her prosecution and the timing of it.
Mapisa-Nqakula stated that the evidence provided by the alleged whistle-blower was not supported by what law enforcement agents discovered during the recent raid at her Johannesburg residence, except for one wig that was seized. The raid, conducted on March 19, did not yield evidence aligning with the allegations made by the whistle-blower.
“In this case, no arrest has been made and no unlawfulness on its own has been explained to the court except for mere speculation being raised,” Judge Sulet Potterill said.
“Much reliance was placed on the fact that the applicant (Nosiviwe Mapisa-Nqakula) has a right to legal representation of her choice,” she said.
Mapisa-Nqakula, who served as minister of defense from 2012 to 2021, faces accusations of receiving substantial sums of money in cash bribes from a military contractor during her tenure as defense minister. Despite the allegations, she has strongly denied any wrongdoing.
In a recent development, on Tuesday, Potterill emphasized that the court would not prevent statutory bodies from carrying out their duties.
Following these events, on Wednesday evening, Mapisa-Nqakula resigned from her position as National Assembly Speaker, stating her intention to concentrate on the ongoing investigation into the allegations against her.
About The Author
