The Pretoria High Court dismissed Speaker Nosiviwe Mapisa Nqakula’s urgent appeal to prevent the National Prosecuting Authority (NPA) and the SA Police Service (SAPS) from arresting her on corruption charges.
Judge Sulet Potterill, who delivered the decision on Tuesday, said that granting such an order would mean that every suspect would make an appearance in court on an urgent basis, claiming a weak case against them, thus preventing their arrest.
Potterill said that if any suspect simply wrote an unfounded affidavit declaring that their imminent arrest was illegal, the entire criminal justice system would collapse and be controlled by suspects.
READ: Mapisa-Nqakula not appearing in court as she lodges an urgent bid to block her arrest
She said that Mapisa-Nqakula was ensured that section 40 would only be applicable to her if she did not hand herself over to the police.
“But the applicant has failed to do so for two weeks,” she said, adding that the arrest would be the last resort.
Potterill said:
You cannot interdict to prevent statutory authorities to comply with their statutory duties and it is not as if the state representatives have not been lenient.
She declared the application as not urgent and dismissed it with costs.
She added that Mapisa-Nqakula was given ample time to report to the police station and was made aware of her right to legal representation.
The Parliament Speaker faces 12 corruption charges for allegedly soliciting bribes to the tune of R4.5 million during her time as defense minister.
Last week, Mapisa-Nqakula approached the courts when she was expected to hand herself in to submit an urgent court interdict preventing the NPA and SAPS from arresting her.
Potterill, who heard the interdict, had postponed the ruling after the Speaker’s representatives argued that arresting her immediately would violate her fundamental rights to freedom of movement and dignity.
Her defense attorney, Reg Willis, said Mapisa-Nqakula posed no threat to herself, others or witnesses.
On March 18, Hawks confirmed that it had raided the Johannesburg home of Mapisa-Nqakula as part of an ongoing corruption investigation.
In a statement, NPA spokesperson Mthunzi Mhaga said:
The National Prosecuting Authority’s ID [Hawks] confirms that a search-and-seizure operation was carried out at the home of the Speaker of Parliament, Ms Nosiviwe Mapisa-Nqakula, by members of the ID on 19 March 2024 relating to an investigation against her.
READ: Mapisa-Nqakula says the Investigating Directorate is using apartheid tactics in its corruption probe
Hawks has for months been investigating corruption allegations against Mapisa-Nqakula, while she was serving as minister of defense, including that she accepted large sums of cash from the owner of Umkhone Marine, a company that was contracted by the SA National Defense Force to transport cargo for military missions.
Parliament, after the raid, issued a separate statement regarding the raid, saying the Speaker had cooperated with the officers who searched her private home.
The Speaker steadfastly upholds her strong conviction of innocence and reaffirms that she has nothing to hide,” read the statement.
“In line with this, she has welcomed investigators into her home, cooperating fully during the extensive search that lasted over five hours.”
Mapisa-Nqakula on the Thursday after the raid, took special leave from her Speaker position with immediate effect.
She said:
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 has been communicated to the secretary of Parliament and to the President of the Republic in his capacity as head of state,” said Mapisa-Nqakula.
Tags: Court rejects MapisaNqakulas urgent application halt imminent arrest
-
