Embattled National Assembly Speaker, Nosiviwe Mapisa-Nqakula, is facing 12 counts of corruption involving more than R4 million and one count of money-laundering.
The National Prosecuting Authority’s Investigating Directorate (ID) has stated that she is not immune from being arrested, emphasizing that every member of society is equal before the law.
YOU MAY ALSO LIKE: Mapisa-Nqakula Lodges Urgent Application To Prevent Imminent Arrest
Urgent Application to be Struck off the Roll
In a 63-page answering affidavit, Advocate Bheki Manyathi, the Deputy Director of Public Prosecutions at the ID, argues for Mapisa-Nqakula’s urgent application to be struck off the roll in the High Court in Pretoria.
Manyathi highlights that an arrest is a legally sanctioned means of securing the attendance of a suspect in court and is not unlawful if done within the bounds of reason.
Manyathi clarifies that, at present, there is no arrest. Instead, there has been a courtesy extended to Mapisa-Nqakula to present herself to law enforcement agents for processing.
He emphasizes that the applicant’s perception of an “imminent arrest” does not necessarily make the matter urgent. Manyathi confirms that there was an agreement for Mapisa-Nqakula to be presented by her legal representatives at Lyttleton Police Station for processing.
No Right “Not to be Arrested”
Manyathi asserts that Mapisa-Nqakula does not enjoy a right “not to be arrested.” He states that the case against her is strong, and the threshold for arrest, as outlined in Section 40 of the Criminal Procedure Act, has been met based on the information available to the state.
YOU MAY ALSO LIKE: Mapisa-Nqakula Takes Special Leave Amid Allegations Of Corruption
He makes it clear that if the decision to arrest is made, the arrest will be lawful. Manyathi further adds that Mapisa-Nqakula does not have the right to access the docket at this stage.
Mapisa-Nqakula’s advocate, Reg Willis, has chosen not to file a replying affidavit. Willis explains that Mapisa-Nqakula is seeking an interim interdict to prevent the state from arresting her pending the outcome of her first interdict application. This initial application aims to secure an order blocking her arrest and granting her access to the evidence against her.
