Emotional Mapisa-Nqakula might apply to have charges withdrawn as corruption case postponed
Former National Assembly speaker Nosiviwe Mapisa-Nqakula's corruption case has been postponed, while her defence team has indicated it may seek to have the charges dropped.
Mapisa-Nqakula appeared in the Gauteng High Court in Pretoria on Monday.
This followed a partial victory in April when she succeeded in compelling the state to disclose parts of the case docket.
Mapisa-Nqakula corruption case: Defence requests more time
During Monday's proceedings, her new lawyer, Advocate Cronje Kriel, informed Judge Mokhine 'Papi' Mosopa that he had not had sufficient time to study the docket, which consists of 26 arch lever files, as he only received it last week.
'At this stage, we are working on a docket that we have not finalised and we haven't perused it,' he said.
ALSO READ: Mapisa-Nqakula's legal team accuses state of 'hiding something' in corruption case
Kriel also revealed that the defence intends to subpoena bank statements linked to the money laundering and corruption charges against his client.
He estimated the process would take six weeks.
Mosopa, however, expressed concern about further delays in a case that has already faced setbacks.
'Six weeks is a very long time,' he remarked.
Possible representations to NDPP
State prosecutor Paul Louw told the court that the defence plans to make representations to the National Director of Public Prosecutions (NDPP), Shamila Batohi, to determine whether there is a case to answer.
A representation is a formal request made to the National Prosecuting Authority (NPA) by an accused person to challenge the decision to prosecute.
If successful, it can lead to the withdrawal of charges.
Louw asked for the case to be provisionally postponed until 21 November.
'This is for the defence to take instructions and possibly to make representations and for a result to those representations,' he said.
READ MORE: Mapisa-Nqakula no longer holds diplomatic status, court hears as she seeks relaxation of bail conditions
The defence confirmed that the matter would again face another postponement when it returns on that date.
Mosopa noted that the state was not opposed to the subpoena of bank records or the filing of representations.
Therefore, he granted the postponement, while addressing Mapisa-Nqakula directly.
'Please take this time to consult with your counsel so that on the 21 of November we have a clear direction,' the judge told Mapisa-Nqakula.
The former speaker, who appeared emotional in court, had her bail conditions extended. During proceedings, she appeared to be wiping tears from her eyes.
Mapisa-Nqakula bribes
Mapisa-Nqakula faces 12 corruption charges along with a single count of money laundering.
The charges relate to allegations that, while serving as defence minister from June 2012 to August 2021, she solicited and received R2 million in bribes from defence contractor Nombasa Ntsondwa-Ndhlovu.
She allegedly received the bribes between December 2016 and July 2019.
Mapisa-Nqakula unsuccessfully attempted to block her arrest, with the Gauteng High Court in Pretoria dismissing her interdict application in April 2024.
She then decided to hand herself to the police.
Her request for assistance with her legal bill for the corruption case was rejected by the Department of Defence.
Mapisa-Nqakula resigned from Parliament as the speaker shortly after her home was raided by law enforcement.
NOW READ: Mapisa-Nqakula being 'punished' for Phala Phala probe
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Kerr-Phillips said the docket comprises 26 files. The defence lawyer requested to adjourn the matter until November. He also made a request to subpoena bank statements, and said the process is expected to take about six weeks. Kerr-Phillips also wants to make a representation to the National Director of Public Prosecutions concerning all the documents which have been discovered to see if there is a case against Nqakula. The corruption allegations were made by defence industry businesswoman Nombasa Ntsondwa-Ndhlovu, sole director of logistics company Umkhombe Marine which did business with the SA National Defence Force. In February 2016 the company was awarded a contract valued at R104m. According to the indictment, a few days after the awarding of the contract, Ntsondwa-Ndhlovu was told the contract had been suspended. To rectify the situation, she contacted people and was provided with Mapisa-Nqakula's contact number, which she called for an investigation into the matter. In November 2016 Mapisa-Nqakula allegedly asked the late secretary of defence Sam Gulube to approach Ntsondwa-Ndhlovu and ask her for R300,000, which the businesswoman handed in cash to Gulube a few days later. TimesLIVE
