The High Court in Pretoria has dismissed an application by National Assembly Speaker, Nosiviwe Mapisa-Nqakula, to block her arrest by the National Prosecuting Authority (NPA) Investigating Directorate.
The court ruled that there was no urgency in the application brought by Mapisa-Nqalula’s legal team last week.
The speaker is accused of alleged corruption amounting to R2.3 million from a defence contractor during her tenure as Defence Minister.
“In the applicant’s affidavit, there are a variety of emotive garnishing on which the court unfortunately cannot take cognizance and make factual decisions on that.
However, even the court finds that the matter is not urgent.
Accordingly, the application is struck from the roll.
The applicant is to pay the costs, including the costs of two counsel,” ruled Judge Sulet Potterill.
Potterill also dismissed Mapisa-Nqakula’s assertion that she is an important member of society, and the arrest and prosecution, will infringe her constitutional right to dignity and freedom of movement.
This after the NPA assured her that they would not oppose her bail application if she’s arrested.
“I cannot find, firstly because there are no grounds set out as to why this should be done except [to affect the] applicant’s standing in society and dignity.
The National Director of Public Prosecutions has stated under oath her attorney can take her to the Lyttleton police station and to court.
This is already a courtesy and an exception to what ordinary citizens are afforded.
“There’s not a single fact set out as to why the future arrest would be unlawful, seemingly because there is 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,” Potterill said.
The NPA has welcomed the judgment and said it is vindicated.
“The wheels justice would now be in motion, as you were listening to the judgment which was well reasoned.
We’ve always maintained that indeed this is unprecedented, and it was unnecessary for us to be brought to court, as we’ve always maintained that the process of arrest should be done seamlessly,” said NPA spokesperson, Mthunzi Mhaga.
Nosiviwe-Mapisa’s political home, African National Congress, said all party internal processes would be followed.
“The ANC has noted the judgment handed down by the
“We do wish to assure South Africans, members of the ANC, supporters of the ANC and all other patriots, that the ANC is committed to respecting the rule of law, safeguarding our constitutional democracy and will then invoke relevant sections of the ANC’s constitution in as far as the matter involving the speaker of parliament is concerned,” explained ANC Spokesperson Mahlengi Bhengu-Motsiri.
The Speaker is either expected to be arrested or hand herself over to the authorities this week.
