South African court dismisses Mapisa-Nqakula’s bid to have case dropped
The Gauteng High Court in Pretoria, South Africa, on Monday dismissed former National Assembly speaker and defence minister Nosiviwe Mapisa-Nqakula’s application to have the criminal case terminated. Judge Mashudu Munzhelele found that the prosecution had presented sufficient evidence to establish a prima facie case, meaning the trial will move to the defence stage, Daily Maverick reports.
Charges
Mapisa-Nqakula appeared in court on 12 counts of corruption and one count of money laundering. Prosecutors allege that between 2016 and 2019, she solicited and received about 4.55 million rand from Nombasa Ntsondwa-Ndhlovu, a defence contractor. The accused pleaded not guilty and denied the allegations against her.
According to the judge, the totality of the evidence provides grounds to suggest that Mapisa-Nqakula knew that the alleged payments were rewards connected to her office, influence and ability to act. The court also noted that at this stage, the prosecution is not required to provide direct proof of her subjective intent.
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Arguments of the parties
The defence insisted that the testimony of key witness Ntsondwa-Ndhlovu lacked independent direct corroboration. Lawyer Siabu lela Mapoma also pointed to inconsistencies in the testimony of other witnesses and questioned the reliability and interpretation of WhatsApp correspondence.
The prosecution referred to evidence concerning alleged cash payments, financial transactions, renovations to Mapisa-Nqakula’s house in Johannesburg and her contacts with Ntsondwa-Ndhlovu. The case materials include words from correspondence that the prosecution considers coded references to money, including “wig,” “medicine” and “snuff.” The defence maintained that these were ordinary words with no proven hidden meaning.
Ntsondwa-Ndhlovu’s company, Umkhombe Marine, received a 104 million rand contract for logistics services for the South African National Defence Force in 2016. Prosecutors also alleged that Mapisa-Nqakula’s possible influence was apparent in the consideration of the company’s cancelled logistics tender. Following the dismissal of her application, she must present her defence on all charges.
