Former National Assembly Speaker and Defence Minister, Nosiviwe Mapisa-Nqakula and her husband Charles in the gallery of the Gauteng Division of the High Court in Pretoria before she appeared on charges related to fraud. (Photo: Gallo Images / Beeld / Deaan Vivier) Three weeks into the corruption and money-laundering trial of former National Assembly speaker Nosiviwe Mapisa-Nqakula, the State has closed its case, leaving the former defence minister’s lawyers preparing a bid to have the charges against her thrown out.
More than 15 witnesses have taken the stand in the Gauteng Division of the High Court in Pretoria, including family members, friends and associates of the State’s main witness and complainant, Nombasa Ntsondwa-Ndhlovu.
On Thursday, 13 August, Mapisa-Nqakula’s legal representative, Siyabulela Mapoma SC, told the court that the defence intended to bring a Section 174 application for discharge.
The defence requested the full transcripts of the evidence heard during the trial to prepare the application.
If successful, the application would result in Mapisa-Nqakula being discharged at the close of the State’s case, meaning she would not have to present a defence or take the witness stand.
If the application is dismissed, the trial will continue with the defence expected to call its witnesses. Mapisa-Nqakula could also testify and would then face cross-examination by the State.
State’s case built around alleged cash payments
Mapisa-Nqakula has pleaded not guilty to 12 counts of corruption and one count of money laundering.
The State alleges that she solicited or received about R4.5-million from Ntsondwa-Ndhlovu between December 2016 and July 2019 while serving as minister of defence.
At the centre of the State’s case is the relationship between the former minister and Ntsondwa-Ndhlovu, whose company, Umkhombe Marine, secured a R104-million SANDF logistics contract in February 2016.
The contract was suspended days after it was awarded, prompting Ntsondwa-Ndhlovu to take the military to court.
She testified that before the matter reached a judge, military officials offered her a “replacement contract” worth R79-million on condition that she withdraw the lawsuit – this was without her bidding for the contract.
It was after this that the alleged requests for cash began, according to her evidence.
Ntsondwa-Ndhlovu told the court that she received requests for between R100,000 and R300,000, followed by R400,000 and several further amounts.
She also described that the alleged requests were made using coded language rather than direct requests for money; some of the words used were: impepho (African sage), padkos (road trip snacks), wig, and snuff, all indicative of different amounts.
Much of the State’s evidence was corroborative rather than direct in that witnesses largely testified about cash withdrawals, alleged payments, renovations, financial records and events surrounding Ntsondwa-Ndhlovu’s account, rather than directly witnessing Mapisa-Nqakula receiving the alleged bribes.
Husband’s testimony
The State called Ntsondwa-Ndhlovu’s husband, a retired senior soldier and doctor, Noel Ndhlovu, who testified about his wife’s dealings with Mapisa-Nqakula.
He told the court that he accompanied her when she delivered an alleged bribe to Mapisa-Nqakula’s home. Ndhlovu also testified that he became angry after his wife told him about the payments she had allegedly been making to the former minister.
He said he told her to stop making the payments, and that she agreed.
However, based on Ntsondwa-Ndhlovu’s testimony, a further five payments were made after that conversation.
Ndhlovu also testified about his own career in the SANDF and an alleged request involving his promotion.
Alleged R2m request for promotion
According to the State’s case, Ntsondwa-Ndhlovu was summoned to Mapisa-Nqakula’s Bruma, Johannesburg, home in September 2018 after being told there was an ancestral message for her.
She expected another request for money and arrived carrying cash, the State alleges. Instead, Mapisa-Nqakula allegedly requested R2-million to secure Ndhlovu’s promotion in the SANDF.
Ntsondwa-Ndhlovu testified that she refused because she believed her husband should be promoted on merit.
Ndhlovu told the court that he had expected to be promoted because of his 27 years’ experience and expertise.
Under questioning by the State, he said there had been no more senior qualifying candidate for the position he had hoped to fill, but he was nevertheless overlooked.
He also testified that he was suspended for about four years amid the controversy surrounding his wife’s business dealings with the SANDF.
Ndhlovu said he was told his suspension was linked to an investigation into one of his wife’s tenders.
Brother corroborates cash withdrawal
The State also called Sabelo Ntsondwa, the brother of its main witness, who testified about a large cash withdrawal and a subsequent robbery.
He said he accompanied his sister when she withdrew R200,000 from an FNB branch and a further R12,000 from an ATM.
The pair were later robbed and the cash was stolen. Ntsondwa-Ndhlovu was injured during the incident.
The evidence formed part of the State’s case concerning the large amounts of cash she said she withdrew and carried during the period in which the alleged payments to Mapisa-Nqakula were made.
Bruma home renovations paid for in cash
Evidence about the extensive renovations at Mapisa-Nqakula’s home also featured prominently in the State’s case.
Interior designer Nomsa Patricia Betty Shabangu testified that she had known Mapisa-Nqakula for about 22 years and regarded her as family.
Shabangu said she became involved with the property in 2004 after being introduced to Mapisa-Nqakula through political associate Steve Mabona.
She later oversaw extensive renovations at the home, with the project beginning in 2018 and continuing until 2020.
What initially began as renovations estimated at about R352,000, excluding labour, expanded into a construction project worth more than R1.7-million.
The work included a walk-in dressing room, a remodelled main bathroom, underfloor heating, a solar power system, gold-trimmed wardrobes and R600,000 motorised curtains.
The entrance hall alone cost R500,000, while luxury furniture, including couches, display units and ornamental chairs, cost another R375,000.
Shabangu told the court that every payment she received between 2018 and 2020 was made in cash.
The money was used to buy building materials, pay suppliers and settle labour costs. When she was unavailable, workers were sometimes paid directly.
Architectural designer Azwindini Emmanuel Mulaudzi subsequently testified that Shabangu approached him to prepare plans for alterations to the property.
He said he received a R20,000 cash deposit through Shabangu and was later paid a further R50,000 in cash at Mapisa-Nqakula’s home in July 2018.
Financial trail
Another key witness was Wynand Wessels, a former chief financial investigator at the National Prosecuting Authority’s Investigating Directorate Against Corruption (Idac).
Wessels analysed bank records, financial statements, WhatsApp messages and other documentary evidence contained in the police docket.
He testified that the pattern of repeated cash payments reflected in the evidence was consistent with money laundering.
The State also called Ntsondwa-Ndhlovu’s daughter, Lilitha, who testified about a visit to Mapisa-Nqakula’s home in July 2019.
Lilitha said the visit followed a newspaper article about Umkhombe Marine and that her mother wanted legal advice on how to prevent the article from being published.
She testified that her mother entered the house carrying two handbags, but left with only one after a private meeting with Mapisa-Nqakula.
Earlier evidence before the court suggested that one of the handbags allegedly contained about R100,000 in cash.
Defence prepares Section 174 application
With all witnesses having testified and the State having closed its case, the focus shifts to the defence’s application for discharge. The Section 174 application will be heard before the defence is required to present its own case.
The trial continues on 20 August 2026. DM
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