Rushing me to jail threatens my health and life, says Mapisa-Nqakula in bid to block arrest

National Assembly speaker Nosiviwe Mapisa-Nqakula has requested the court to grant her access to the docket against her, stating the information had been leaked to the media. 

The embattled speaker of parliament submitted an urgent application to the Pretoria high court. The media and public had expected her to appear before the Pretoria Specialised Commercial Court on Friday afternoon.

While it was assumed she was at a police station to hand herself in for allegations of fraud and corruption, Mapisa-Nqakula instead sought an interdict for an arrest warrant, disclosure of the docket and stated the search and seizure operation at her Johannesburg home this week was unlawful. 

She listed National Prosecuting Authority (NPA) head Shamila Batohi and police minister Bheki Cele as respondents. 

“If I am wrong in any of what I say, it would be simplicity itself for the respondents to give disclosure and disprove it. As will be canvassed in detail, they have given extensive disclosure to the press. I am the only one who is not in this privileged position.” 

She said such disclosure would not prejudice the state and the respondents as their case against her is “weak”, and she vowed not to interfere with any evidence and sources of alleged evidence already published in the media. 

“What I submit the court ought to halt, by granting the relief I seek, is the one-sided flood of information leaked to the media, without disclosing the flaws and manipulations of procedure inherent in the state's case, while not only prejudicing me through trial by media but denying me my constitutionally protected rights to fair process and trial.

“I am a senior person and the respondents rushing me into a police cell for reasons other than that I am a flight risk is a threat to my health and life,” she said. 

The Sunday Times reported earlier this month that the Investigating Directorate (ID) is investigating the speaker in connection with allegations that she was paid millions in cash bribes by a defence force contractor during her term as defence minister. 

The investigation found she allegedly received R2.3m cash delivered in gift bags by defence businesswoman Nombasa Ntsondwa-Ndhlovu, who is married to a general in the military health service. 

This led to the raid at her home by the ID on Tuesday. 

In a letter addressed to the NPA and police service on Friday, Mapisa-Nqakula's lawyer, Stephen May, said such search and seizure was unlawful. 

He said the warrant for the search and seizure was granted on March 11 but the state waited until he was unavailable to execute the warrant. In addition, the affidavit supporting the warrant could not be furnished on May and Mapisa-Nqakula's request. 

“You were specifically and only allowed by my client's husband Mr Charles Nqakula into their home and in good faith to wait in the entrance hall of his home for my client's legal representation to arrive,” said May.

Despite letting the NPA know an attorney from May's office was on the way to the speaker's house, the search and seizure operation proceeded without Mapisa-Nqakula having legal representative present. 

“It will be clear to a court that enrolment and dragging my client into the dock, as you are attempting, particularly given all the facts and circumstances, is probably an intended imperilling of all her rights to freedom and an unconstitutional and unlawful end.”

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