The high court in Pretoria on Tuesday ruled against National Assembly Speaker Nosiviwe Mapisa-Nqakula’s urgent interdict to prevent her arrest for allegedly accepting kickbacks from a contractor when she was minister of defence.
In her ruling, Judge Sulet Potterill said acceding to Mapisa-Nqaula’s request would “open the floodgates” for suspects wanting to avoid arrest.
“There are no grounds set out as to why this should be done, except that the applicant’s standing in society and her dignity.”
“The NDPP [National Director of Public Prosecutions] has stated under oath that her attorney can take her to the Lyttleton Police Station and the attorney can take her to the court… this is already a courtesy and an exception to what ordinary citizens are afforded.
“There is not a single fact set out as to why the future arrest will be unlawful seemingly because there is a weak case made out yet the applicant does not know what the case has been set out and this is pure speculation.
“I can make no findings on such speculation that there will be an unlawful arrest or that there is a weak case. These facts can not underpin urgency.”
Judge Potterill said it was “most certainly” not in the power of the court to instruct the National Prosecuting Authority’s Investigating Directorate (ID) to summons the Speaker instead of arresting her.
A week ago, on Monday, Judge Potterill heard Mapisa-Nqakula’s urgent application to interdict the ID from arresting her.
However, the reasons not to be arrested that the Speaker advanced regarding her dignity and trial by the media were rejected.
“The applicant is to pay the costs, including the cost of two counsel,” ruled Judge Potterill.
The matter was struck from the court roll.
The ruling means Mapisa-Nqakula, who is accused of receiving millions of rand in Kickbacks from a military contractor when she was defence minister between 2012 and 2021, now faces arrest.
Mapisa-Nqakula denies the allegations.
