Parliament Speaker Nosiviwe Mapisa-Nqakula has taken legal action to prevent her impending arrest amid accusations of corruption and money-laundering involving about R4-million.
The speaker launched an interdict, seeking protection from arrest and requesting access to the entire state brief related to the charges.
In court documents which Sunday World has seen, Mapisa-Nqakula’s legal team requested urgency in the matter, urging the court to interdict and restrain authorities from arresting their client.
Additionally, they demand access to the police docket and related investigation materials.
The speaker’s attorneys also called for a summons to appear in court and offered readiness to cooperate with authorities.
While there has been speculation regarding Mapisa-Nqakula’s impending arrest, she clarified that no formal notification or communication regarding an arrest warrant had been received by her or her legal representatives.
Special leave
In response to the severity of the allegations and media speculation, she has taken immediate special leave from her role as Speaker of the National Assembly.
In a statement released on Thursday, Mapisa-Nqakula stressed her willingness to comply and cooperate with the investigation, despite the absence of formal communication from the authorities.
This decision to take special leave has been communicated to the secretary of parliament and President Cyril Ramaphosa.
Reports emerged on Monday indicating that the speaker had surrendered herself to the police.
However, both the National Prosecution Authority’s investigating directorate and the police have not confirmed these reports, adding further uncertainty to the situation.
Notification of warrant of arrest
“I wish to place it on record that while the investigative directorate of the National Prosecution Authority conducted a search and seizure at my residence, there has been no formal notification of an arrest warrant or communication regarding an imminent arrest for me, neither to me nor my legal team,” said Mapisa-Nqakula.
“My lawyers have, however, proactively informed the National Prosecution Authority of my readiness to comply and cooperate should the need arise.
“Given the seriousness of the allegations and the attendant extensive media speculation, I have decided to take special leave from my position as Speaker of the National Assembly, effective immediately.
“This decision has been communicated to the secretary of parliament and to the president of the republic in his capacity as head of state.”
She described the allegations about her agreeing to present herself at the Lyttleton police station as false.
Explained Mapisa-Nqakula: “Initially, my attorney was unavailable due to a trial in Durban but, subsequently, a confluence of factors overtook this [my attorney’s wife having gone into labour on 18 March, causing him to drive through the night to Johannesburg, and threats against the Durban prosecutors causing a delay].
“Now, it has become apparent that the state’s case against me is non-existent and contrived and, while the state’s representatives refuse to make any type of disclosure to me, they are giving disclosure to the media, in a very one-sided and selective fashion, to paint me as guilty [a news article today falsely alleges an agreement to hand myself over].”
I am suffering damage now
She said the conduct of the state’s representatives is indicative of an abuse of process, at an opportunistic time before the national elections, in order to sway public opinion, trigger the ANC’s “step-aside” rule by charging and humiliating her in the media.
She said this has been done by “seeking to have me present myself at court, with or without my attorney present, circumventing my known legal representation by contacting me directly, when investigations are not even complete [and every progressive step in the investigation makes the case against me weaker]; executing a search and seizure warrant on 19 March 2024 with the media present, having been tipped off in advance [which would indicate that any case against me is incomplete at best but, as I show below, irreparably flawed and made even worse by the outcome of the search, detailed below]; threatening to arrest me where all I seek to do is avail myself of my fair trial rights and assert some level of due process, and accountability on the state’s representatives”.
She added that her dignity and reputation, pre-trial rights premised on the principle of due process and her rights in terms of Section 35 of the constitution were being violated.
“I reasonably apprehend that this will continue without the relief for which I pray,” said Mapisa-Nqakula.
“It is cold comfort for me to be told that judgment will exonerate me in years to come when I am suffering damage now, which cannot be recalled.”
