National Assembly Speaker Nosiviwe Mapisa-Nqakula has resigned from the post and as member of parliament, but argues that the decision is due to the criminal case against her but not an admission of guilt.
The North Gauteng High Court in Pretoria on Tuesday dismissed Mapisa-Nqakula’s bid to have her arrest delayed.
Mapisa-Nqakula says this decision was made to dedicate her time to fighting the allegations against her and this is not an admission of guilt.
“I have made this conscious decision to dedicate my time and focus to deal with the recently announced investigation against me by our country’s law enforcement agencies,” Mapisa-Nqakula said on Wednesday.
“I have made this decision in order uphold the integrity and sanctity of our parliament, an apex institution of our system of government, representing of the people of South Africa as a whole.
“As a country’s chief lawmaker, I hold a central responsibility to protect and preserve the integrity of parliament by ensuring that my actions ensure that its sacred work must continue without blemish.”
See the statement below:
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.
