Former Defence Minister Nosiviwe Mapisa-Nqakula is expected back in the Pretoria High Court on Monday as she seeks to have the corruption and money laundering case against her brought to an end.
Mapisa-Nqakula is applying for a discharge in terms of Section 174 of the Criminal Procedure Act.
Her legal team is expected to argue that the State has failed to present sufficient evidence linking her to the alleged offences and that she should therefore not be required to enter a defence.
The State, however, intends to oppose the application, maintaining that there is a case for the former minister to answer.
Mapisa-Nqakula Challenges State’s Case
Mapisa-Nqakula is accused of soliciting corrupt payments from Defence Force contractor Nombasa Ntsondwa-Ndlhovu during the period between 2016 and 2019.
The alleged payments relate to the period when Mapisa-Nqakula was serving as Defence Minister.
Ntsondwa-Ndlhovu has already testified in the matter, while several State witnesses have given evidence that prosecutors say supports aspects of the contractor’s allegations.
Despite the evidence presented so far, Mapisa-Nqakula maintains that the State has not established a sufficiently compelling case against her.
What Is A Section 174 Discharge Application?
The former minister’s application is being brought under Section 174 of the Criminal Procedure Act.
The provision allows a court to discharge an accused at the close of the prosecution’s case where there is not sufficient evidence that the accused committed the offence to justify being put on their defence.
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Mapisa-Nqakula will argue that the evidence led by the prosecution does not meet the required threshold and that the State has failed to make out a case against her.
The application therefore seeks to prevent the trial from proceeding to the defence stage.
State To Oppose Former Minister’s Application
Prosecutors from the Investigating Directorate will oppose the application.
The State’s position is that the evidence presented during the trial is sufficient for Mapisa-Nqakula to be called upon to answer the allegations against her.
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The Pretoria High Court will consider the competing arguments when the discharge application is heard on Monday.
The outcome could determine whether the corruption and money laundering trial proceeds to the next stage or whether Mapisa-Nqakula is discharged at the close of the State’s case.
