The National Assembly Speaker, Nosiviwe Mapisa-Nqakula, has had her urgent court application to block her arrest for corruption allegations struck from the roll. This decision was made by Gauteng High Court Judge Sulet Potterill on Tuesday.
Last week, Mapisa-Nqakula approached the High Court in Pretoria when she was expected to hand herself over.
She argued that her case was urgent because her dignity and liberty were at stake. However, Potterill stated that the state had made it clear that it would not oppose bail for her, and arrest without detention is not a basis for an urgent application.
[ Court To Rule On Speaker Mapisa-Nqakula’s Bid For Interdict Against Arrest ]
In her judgment, Potterill expressed concerns about the potential consequences of granting the relief that Mapisa-Nqakula was seeking. She stated that it would “open the floodgates” for suspects to interdict their arrests because they were unlawful and the cases against them were weak.
Potterill further noted that the applicant’s affidavit contained emotive language and garnishing that the court could not consider when making factual decisions. Despite finding that the matter was not urgent, Potterill emphasized the importance of ensuring substantial redress in a hearing in due course.
“Not in the founding affidavit of this application or the main application are any facts set out,” Potterill ruled. As a result, the application was struck from the roll, and Mapisa-Nqakula was ordered to pay the costs, including the costs of two counsels.
United Democratic Movement (UDM) leader Bantu Holomisa has welcomed the judgment.
Holomisa had initially written to the Joint Standing Committee on Defence on March 26, 2021, regarding allegations that Mapisa-Nqakula had received several payments totalling over R5 million between 2017 and 2019 from at least one company that had contracts with the South African National Defence Force (SANDF) while she served as Minister of Defence and Military Veterans.
In response to the judgment, Holomisa stated, “I was told to take my accusations to the police. I did, and here we are waiting for Mapisa-Nqakula to do the right thing.
“She must please spare us this business of a motion of no confidence in the National Assembly Speaker. We are busy campaigning. Nosiviwe Mapisa-Nqakula must present herself to SAPS, finish and klaar!”
The Speaker is set to face charges of 12 counts of corruption and one count of money laundering involving R4.5 million dating back to when she served as Defence Minister. Mapisa-Nqakula based her second urgent application on the belief that her “unlawful arrest” by the state was imminent.
In her urgent application, she described herself as South Africa’s third most important functionary.
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