NEWSFLASH
Mapisa-Nqakula files court papers to interdict possible arrest
Nosiviwe Mapisa-Nqakula, the National Assembly speaker on special leave, has filed court papers to interdict the National Director of Public Prosecution Shamila Batohi, Police Minister Bheki Cele and investigators from arresting her, according to court papers Daily Maverick has seen.
The papers also request the “entire State Brief, without limitation” on the case that’s being investigated under CAS 176/2024. This would include not only the docket, but also witness statements, investigators’ pocket books, diaries and whether they were part of the SAPS or the NPA’s Investigating Directorate (ID).
“The ultimate purpose of this application is to protect my constitutional rights in respect inter alia to freedom, and dignity, including my rights to good name and reputation and self esteem as well as to pursue a vocation of my choosing,” said Mapisa-Nqakula in her affidavit that’s part of the court papers filed in the Pretoria High Court.
“I have devoted the majority of my adult life to the pursuit of the rule of law and constitutional democracy, and the demise of the security state in South Africa. The machinery of the criminal justice system and the state’s prerogative of prosecution was abused and used as a political tool then. I verily fear that this practice has once again reared its ugly head and, if not stopped, carries the real risk of further fraying the constitutional fabric of our young democracy.”
Mapisa-Nqakula’s court challenge comes amid speculation of her possible arrest since Tuesday’s ID raid at her Johannesburg home in relation to a defence contractor’s claims that she solicited bribes of several million rands between 2017 and 2019 while defence minister. Throughout, Mapisa-Nqakula has maintained innocence and dismissed any wrongdoing. But she announced she was going on special leave to protect the integrity of Parliament on Thursday evening.
Read more: Speaker Mapisa-Nqakula on ‘special leave’ after corruption claims speculation
“(M)y position and status as speaker of the National Assembly of Parliament and member of the ruling ANC with the so-called ‘step aside rule’ carries the further humiliation of publicity and public speculation as well as the limitation of my office and vocation.”
The interdict and discovery application would not stop the SAPS of NPA from carrying out its functions “as I have every intention of proving my innocence and clearing my name and restoring my reputation,” argued Mapisa-Nqakula in her affidavit. The purpose was to highlight “lacunas, abnormalities and irregularities” in the case – “there is none” – and the NPA’s conduct. This included “false allegations” about having agreed to present herself at the Lyttleton police station.
“The conduct of the state representatives… is indicative of an abuse of process, at an opportunistic time before the national elections, in order to say public opinion, trigger the ANC’s ‘step aside rule’ by charging me and humiliating me in the media….”
The court papers give Batohi, Cele and the others time until Tuesday to inform Mapisa-Nqakula’s attorney whether they will oppose this interdict and discovery application, and file responding affidavits by 2 April.
The court application comes as the DA is preparing a motion of no confidence against Mapisa-Nqakula. “We remain steadfast in our call for her resignation following the revelations of corruption. Anything less makes a mockery of Parliament and the people of South Africa,” DA Chief Whip Siviwe Gwarube told Daily Maverick.DM
WOW. I never knew we could simply get interdicts to prevent arrests.
Yes, I wonder how this works? Is there anyone here that can explain this to us?
It’s not unreasonable. Our courts have quite often expressed disquiet about the use of an arrest when a simple summons would serve the same purpose (which is what she’s asking for).
Can’t request an interdict against something that may not happen …. Unless she was requested tó present herself and she refused to do so , then an arrest MUST be actioned to process the person if they are being accused of a crime …..
No, that’s not true. She needs to show a clear right, reasonable apprehension of harm, and the absence of a satisfactory alternative. All three can be plausibly argued. This is not to say that I think she has strong prospects of success, or that this is not simply legal theatre, but it’s not insane. An arrest, as opposed to a summons, is a strong measure, and quite possibly legal theatre in in its own right.
Mmm now that Jooste is gone the NPA has the best legal team ever to put on this lady’s case.
All these struggle heroes are a godsend to the legal fraternity. Lots of money to defend a “good” name. No guilt means no worries.
Is this one also going to face a crack team of hot-shot lawyers, as in Jooste’s case, or is the usual D-team of mentally impaired AA incompetents going to be sent in, with a brief to bungle the case against her, like they deliberately did in the Estina Dairy and Koko cases?
More examples of how “the law” is designed to protect the politicos (and the wealthy). The S.A. legal system is not fit for purpose. Next time I’m caught house breaking, I’m submitting an interdict to stop law enforcement from arresting me.
Just make sure you are carrying your up to date ANC membership card. And remember to break into a law abiding tax paying, non ANC or non EFF members house. You are more likely to succeed in your quest.
The guilty are afraid. NPA, please arrest her for the sake of sanity and your tattered integrity. Prove to us that you do your work without fear or favour.
Indeed, the Lady doth protest too much. As this matter seems to be driven by the NPA/I.D, this charade by Nqakula harks back to the days of the Scorpions when they were hot on the heels of some ANC members who soon felt its sting. It was shut down by the ANC because of the fear of such prosecutions lest we forget. These political thugs are shameless.
Way way way…..WAY… WAY…. TOO MUCH !!!!!!!
As the Americans say, “A hurt dog will holler”
Eish, I’m not having a go at you, Mark, I wish you well and a great weekend, but this is a beastly proverb. Even though it fits (the meaning of the saying, “a hit dog will holler,” is to imply that the person speaking out loudest against an accusation is usually the culprit responsible for the transgression) please, let it not catch on.
Partly because we don’t need ‘more nonsense from America’ (What does ‘holler’ mean anyway?) but mostly because, “The lady doth protest too much”, is perfectly adequate and doesn’t involve animal abuse.
Rotten to the core. But just another minnow thrown under the bus as a sacrifice for the National Elections.
I just hope that a lot of her ill gotten gains are chewed up by her legal team. Hopefully she gets Dali the procrastinator to defend her as he charges peanuts for indefensable cases.
The R2m she’s accused of stealing, is no doubt only the tip of the iceberg. Like all of them, N-kak-kula has been stealing for 30 years already, so she’s got plenty more stashed away.
Stealing.
It’s just who they are.
Protect my name, rights and reputation???? Like all the vile and disgusting anc “leaders” caught with their hands in the cookie jar. Just plain corrupt thieves with no morals, integrity and ethics. Scumbags the lot of them. I just hope taxpayer money is not used to defend these skunks and hyenas.
Name, rights and reputation….Yeah I laughed at that one too
Step one: Compliant lodged 2: Investigate 3: Question / Arrest suspects 4: Bail hearing 5: Court to decide Guilty / Not Guilty based on evidence, witness statements 6: Sentencing if applicable. At this stage she is “suspected” and the only indictment is the contractor that was “motivated” to finger her as an accomplice. This relaters back to 2020, now taking action 3 years later does give rise to her politically motivated allegations.
Hmmm, where were you when the use of prosecution as a political tool was taking place btw?? You have always been a wiling lap dog for your masters
“to protect my constitutional rights in respect inter alia to freedom, and dignity, including my rights to good name and reputation ”
Well, I’ve got some good news for you there – you have had nothing resembling a good name or reputation for decades, so there’s nothing for you to lose.
“as well as the limitation of my office and vocation”
Or, to put it another way, this case will limit me from stealing as much as my fellow members of government…
More like, spent most of my adult accumulating wealth and power! Good reputation: a news flash, South African cabinet ministers are regarded as amongst the most corrupt in the world! You forfeit your freedom and reputation by stealing, that’s how it works, Madam. If there is evidence, then arrest, prosecute, convict and jail. Hopefully she will be the first of many.