The Gauteng High Court in Pretoria has dismissed former National Assembly speaker Nosiviwe Mapisa-Nqakula’s application to dismiss the corruption charges against her.
Judge Mashudu Munzhelele said it would be premature to discharge Mapisa-Nqakula at this stage of the trial, given the circumstantial evidence before the court.
“In the circumstances of the present matter, I am of the view that it would be premature to discharge the accused in terms of section 174 [Criminal Procedure Act] at this stage. There is evidence, albeit circumstantial, that when considered together with evidence relating to the other counts and the alleged modus operandi, is capable of supporting more than one inference,” Munzhelele said.
“It is therefore in the interest of justice that the matter be proceeded to its conclusion, at which stage the evidence can be assessed in its totality and a final determination made as to whether the state has proved the charge beyond a reasonable doubt.”
Mapisa-Nqakula’s legal team argued that the state had failed to present sufficient evidence linking her to the alleged money-laundering crimes.
However, Munzhelele dismissed the application, meaning the trial will proceed and Mapisa-Nqakula will have to present her defence.
She faces 12 counts of corruption and one of money laundering. She has pleaded not guilty to all 13 charges and maintains her innocence.
The state alleges that between 2016 and 2019, while serving as defence minister, Mapisa-Nqakula solicited R4.5 million and received about R2.1m in cash bribes from Nombasa Ntsondwa-Ndhlovu, a South African National Defence Force logistics contractor and owner of Umkhombe Marine.
The state alleges that Mapisa-Nqakula requested about R4.5m in kickbacks from Ntsondwa-Ndhlovu. She allegedly received R2.1m of that in cash.
Evidence before the court has also indicated that some of the money was used to pay for renovations to Mapisa-Nqakula’s home, which cost about R1.8m.
Judge Munzhelele said there was prima facie evidence supporting the state’s money-laundering charge, based on the alleged use of the funds for renovations to Mapisa-Nqakula’s residence.
“The state’s case is, in essence, that the accused used at least a portion of the funds or all of the funds received for the renovation of the property, thereby introducing or disguising illicit funds through expenditure on what appears to be legitimate asset or property improvement,” Munzhelele said.
The judge said the evidence that Mapisa-Nqakula allegedly received gratification from Ntsondwa-Ndhlovu and used the funds for renovations and payments to contractors constituted prima facie evidence.
The court therefore dismissed the section 174 application, clearing the way for the trial to continue.