The Gauteng High Court judge, Sulet Potterill, has delivered a judgment on the urgent court application by National Assembly Speaker Nosiviwe Mapisa-Nqakula to block her arrest for corruption allegations. The application was struck from the roll on Tuesday.
Mapisa-Nqakula approached the High Court in Pretoria last week, arguing that her case was urgent because her dignity and liberty were at stake.
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However, Judge Potterill stated that the state had made it clear that it would not oppose bail for her, and arrest without detention was not a sufficient basis for an urgent application.
In her judgment, Judge Potterill expressed concern that granting the relief sought by Mapisa-Nqakula would “open the floodgates” for suspects to interdict their arrests on the grounds of alleged unlawfulness and weak cases against them.
The charges against Mapisa-Nqakula involve 12 counts of corruption and one count of money laundering, amounting to R4.5 million, dating back to her time as Defence Minister. These allegations were first raised in Parliament in 2021 by United Democratic Movement (UDM) leader Bantu Holomisa.
Mapisa-Nqakula has been implicated in bribery allegations totaling more than R2.3 million, also dating back to her tenure as Defence Minister. She described herself as South Africa’s third most important functionary in her urgent application.
Despite her claims of an “imminent” unlawful arrest, the court has ruled against Mapisa-Nqakula’s urgent application, emphasizing the need to prevent the abuse of interdicts to avoid lawful arrests.
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The judgment by Judge Potterill has significant implications for the handling of corruption cases in South Africa. It underscores the importance of ensuring that arrests are conducted lawfully and that individuals cannot use interdicts to impede the legal process.
Moving forward, Mapisa-Nqakula will have to face the charges against her in a fair and transparent manner. The court’s ruling serves as a reminder that no one is above the law and that allegations of corruption must be thoroughly investigated and prosecuted.
